Search Results for "Article 173"

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

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(1) WRIT PETITION NO.4168 OF 2012

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Bombay High Court Quashes Detention Order Under MPD Act Due to Unexplained Delay in Deciding Representation. Unexplained Delay of Over 30 Days in Deciding Representation Violates Fundamental Right Under Article 22(5) of the Constitution of India.

The petitioner, Ajay Suresh Alande, brother of the detenu Chetan Suresh Alande, filed a Criminal Writ Petition challenging the detention order dated 2...

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Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...

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Bombay High Court Awards Compensation to Accused for Malicious Prosecution Due to Gross Investigation Lapses. Lapses Included Filing Charge-Sheet Despite Evidence That Alleged Murder Victim Was Alive, Violating Right to Life Under Article 21 of the Constitution.

The case arose from a murder investigation where the petitioner was arrested and prosecuted for the murder of a man named Guddu, whose crushed body wa...

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Bombay High Court Examines Challenge to Charge-Sheet Issued Under Rule 14 CCS (CCA) Rules Two Days Before Retirement. Department's 13-year delay in initiating proceedings and subsequent acquittal in criminal case on same facts raised questions of law.

The petitioner, a member of the Indian Revenue Service (Customs and Central Excise) recruited in 1979, was working as Additional Commissioner of Custo...

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COMMERCIAL ARBITRATION PETITION NO. 350 OF 2017

The case concerns two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14 February ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay in Deciding Representation. Delay of 13 Days in Deciding Detenu's Representation Violates Constitutional Safeguard Under Article 22(5) and Section 8(1) of MPDA Act, 1981.

The petitioner, Vinod Dhannulal Jaiswal, challenged an order of preventive detention passed by the District Magistrate, Aurangabad (respondent No.1) u...

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Bombay High Court Quashes Preventive Detention Order Due to Inordinate Delay in Deciding Representation. Delay of 27 Days in Deciding Representation Violates Article 22(5) of Constitution of India, Rendering Detention Order Invalid.

The petitioner, Vijay Subhash Kore, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, D...