Search Results for "certiorari jurisdiction"

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Bombay High Court Quashes Reassessment Order for Violation of Mandatory Procedure Under Section 144B of Income Tax Act, 1961. Failure to Provide Personal Hearing and Proper Opportunity to Respond Renders Assessment Order a Nullity.

The petitioner, Madhuri Sameer Gokhale, an individual homemaker, challenged the reassessment order dated 29 March 2022 passed by the National Faceless...

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Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Quashes CGRF Clarification Order for Lack of Jurisdiction — Consumer Grievance Redressal Forum Cannot Review or Clarify Its Own Orders Under Electricity Act, 2003. CGRF's Order Directing MSEDCL to Refund Excess FAC Installments Set Aside as Without Authority of Law.

The Bombay High Court considered a writ petition filed by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenging an order dated ...

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Bombay High Court Allows Writ Petition in Insurance Claim Dispute — Mandamus Issued for Reimbursement of Neonatal Treatment Expenses. Clause 3.11 of Mediclaim Policy Interpreted to Cover New-Born Babies from Birth, Not After 90 Days.

The petitioner, Rita Kirit Joshi, held two Mediclaim policies with New India Assurance Company (respondent no. 1) covering herself and her family. She...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Quashes LBT Assessment Orders for Violation of Natural Justice and Lack of Jurisdiction. Assessment Orders Passed Without Proper Show Cause Notice and Without Considering Objections Violate Principles of Natural Justice Under Maharashtra Municipal Corporation Act.

The petitioner, Kokuyo Camlin Ltd., filed two writ petitions under Article 226 of the Constitution of India challenging two assessment orders dated 13...

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Bombay High Court Allows CSR Expenditure Deduction Under Section 37(1) of Income Tax Act, 1961 — CSR Expenditure Held to Be Incurred Wholly and Exclusively for Business Purposes. Reassessment Notice Under Section 148 Quashed as Based on Change of Opinion.

The petitioner, Voltas Limited, a company engaged in air conditioning and refrigeration business, filed its return of income for Assessment Year 2015-...