Search Results for "Section 241"

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Allows Refund of IGST Paid on Exported Goods Despite Claim of Higher Drawback Rate. Petitioner entitled to refund of IGST under Section 16(3)(b) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules, as selection of higher drawback column does not disentitle refund.

The petitioner, Kunal Housewares Private Limited, exported stainless steel household articles in July, August, and September 2017. The petitioner paid...

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Supreme Court Addresses Caste Certificate Verification and Affinity Test in Scheduled Tribe Claims Under Maharashtra Act. The Court examines procedural guidelines and the role of affinity tests in determining caste claims, referencing prior judicial directives and legislative frameworks.

The dispute centered on the verification of caste certificates for Scheduled Tribes in Maharashtra, involving procedural guidelines and the role of th...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Supreme Court Dismisses Appeal in Scheduled Tribe Caste Claim Case Under Maharashtra Caste Certificate Act. Caste Scrutiny Committee's Finding That Appellant Did Not Belong to 'Halba' Tribe Upheld, With Benefits Subject to Withdrawal Under Section 10 of Maharashtra Act 23 of 2001.

The appeal arose from a judgment of the High Court of Bombay, Nagpur Bench, which upheld the decision of the Caste Scrutiny Committee negating the app...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Upholds Reinstatement of Employee Dismissed for Theft of Drill Bits - Labour Court Award of Full Back Wages Restored. Employer's Disciplinary Proceedings Found Vitiated Due to Denial of Fair Opportunity and Non-Examination of Key Witnesses.

The appellant, Mahindra & Mahindra Limited, challenged the judgment of a learned Single Judge of the Bombay High Court which dismissed its writ petiti...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Inconsistent Testimonies. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Salim Kadar Inamdar, was convicted by the learned Additional Sessions Judge, Pune, for the offence punishable under Section 302 of the ...