Search Results for "Waiver and Consent"

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Bombay High Court Allows Customs Appeal Without Pre-deposit in Classification Dispute — Tribunal's Discretion Must Be Exercised Consistently. Pre-deposit direction set aside as Tribunal failed to follow its own earlier order on identical issue under Section 129E of Customs Act, 1962.

The appellant, Videocon Industries Ltd., a manufacturer of LCD TVs, had been regularly importing Liquid Crystal Device – Thin Film Transistor Module...

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Madras High Court Disposes of Writ Appeal on Consent Terms; Property Auction Ordered with Matching Right for Appellant. Appellant Agreed to Participate in Public Auction and Match Highest Bid if Not Highest, with Undertaking to Vacate if Fails.

The case concerned a property dispute over the Anna Gandhi Mani Mandapam @ Apsara Theatre in Krishnagiri, leased to Sri Mookambikai Enterprises, the a...

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Bombay High Court Dismisses Writ Petition Challenging Commissioner's Order Due to Availability of Alternative Statutory Appeal; Mandatory Pre-deposit Under Section 35F Central Excise Act Not Waivable on Grounds of Financial Hardship.

The writ petition arose from an order dated 22.11.2016 passed by the Commissioner of Central Excise and Customs, Belapur Commissionerate, which the pe...

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Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC.

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The su...

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Bombay High Court Dismisses Review Petition in International Commercial Arbitration Case. Substitution of Arbitrator by Consent Cures Jurisdictional Defect Under Section 11(9) of Arbitration and Conciliation Act, 1996.

The review petitioner, Soham Shah, sought recall of an order dated 27 June 2014 passed by the designate of the Chief Justice of the Bombay High Court ...

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High Court of Karnataka Dismisses Writ Petition of Guarantor Challenging Dismissal of Application to Set Aside Sale Under Order XXI Rule 90 CPC. Guarantor Failed to Prove Material Irregularity or Fraud Causing Substantial Injury in Execution Sale.

The petitioner, Smt. K. Gayathri Mallya, was the judgment debtor No.2 and a guarantor for a loan obtained by respondent No.4 (judgment debtor No.1) fr...

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Bombay High Court Dismisses Writ Petition Challenging DRT Order Allowing Recall of Witness for Cross-Examination. Debt Recovery Tribunal Has Inherent Power to Recall Witness Under Section 22 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for Effective Adjudication.

The petitioners, Deepak Kochhar and Rajeev Kochhar, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Tenant's Petition, Upholds Eviction Decree Under Section 15(3) of Maharashtra Rent Control Act, 1999. Tenant's Admission of Higher Rent and Failure to Deposit Arrears Justified Eviction.

The petitioner, a tenant, challenged the eviction decree passed under Section 15(3) of the Maharashtra Rent Control Act, 1999, as upheld by the first ...