Search Results for "arbitrary discretionary power"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "arbitrary discretionary power"

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High Court

Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

20 Dec 2010

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

High Court

Bombay High Court Quashes Show Cause Notices in GST Case for Lack of Jurisdiction — Services by Municipal Corporation Under Article 243W Attract Nil Rate of Tax Under Notification No.12/2017-Central Tax (Rate). The court held that show cause notices demanding service tax on services rendered by MCGM in relation to functions under Article 243W were without jurisdiction as the services are exempted.

11 Nov 2024

The Bombay High Court dealt with a batch of writ petitions challenging show cause notices issued under the Central Goods and Services Tax Act, 2017 (C...

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Development Dispute — Upholds Disclosure Directions but Sets Aside Deposit Orders. The court held that while disclosure orders are permissible under Section 17 of the Arbitration Act, a direction to deposit 30% of sale proceeds without a finding of likelihood of dissipation of assets is not sustainable.

17 Dec 2024

The petitioners, Arun Bhoomi Corporation and Vijay Kanhaiyalal Joshi, filed a Commercial Arbitration Petition under Section 37 of the Arbitration and ...

Supreme Court

Supreme Court Partially Allows Appeal in Income Tax Penalty Case — Compliance with Section 271AAA(2) Conditions is Mandatory but Penalty Must Be Proportionate to Undisclosed Income. The Court held that penalty under Section 271AAA(1) is computed at 10% of undisclosed income, not entire returned income, and part compliance with condition (iii) warrants proportionate reduction.

4 Mar 2025

The appeal arose from a penalty order under Section 271AAA of the Income Tax Act, 1961, for Assessment Year 2011-2012. The appellant, K. Krishnamurthy...

High Court

Bombay High Court Quashes Condonation of 9-Year Delay in Recall Application in Suit Withdrawal Case — Unconditional Withdrawal Under Order XXIII Rule 1(1) CPC is Plaintiff's Absolute Right. The court held that the plaintiff's right to unconditionally withdraw a suit is absolute and cannot be fettered by the court, and a delay of over 9 years in seeking recall of such an order cannot be condoned without sufficient cause.

21 Feb 2025

The petitioner, M/s. Vaishnavi Engineers and Developers Private Limited, had filed a suit (RCS No. 782 of 2012) against the respondents seeking declar...

Supreme Court

Supreme Court Upholds Designated Authority's Termination of Anti-Dumping Investigation Due to Insufficient Data Period. Causal Link Between Dumped Imports and Injury Not Established, High Court's Substitution of Findings on 'Like Article' Exceeded Judicial Review.

1 Sep 2020

The appeals arose from a challenge by the Designated Authority (DA) and the Central Government against three orders of the Telangana High Court concer...

Supreme Court

Supreme Court Upholds Compulsory Retirement of Judicial Officer Based on Overall Service Record and Adverse Entry. Single Censure Entry for Judicial Error Can Justify Compulsory Retirement Under Rule 56(C) of U.P. Fundamental Rules.

10 Dec 2019

The appellant, Ram Murti Yadav, a judicial officer of the rank of Additional District and Sessions Judge, challenged his compulsory retirement at the ...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Development Rights — Interim Injunction Set Aside for Lack of Prima Facie Case. Court holds that a co-operative housing society cannot be restrained from developing its property based on an agreement that was superseded by subsequent consent terms and where the plaintiff failed to demonstrate a clear right to specific performance.

5 Jun 2023

The dispute pertains to a property bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, situated at Nehru Nagar Housing Board Colony, Kurla (E...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Commercial Quantity and Long Incarceration. The court held that the quantity of Codeine (200 grams) was less than commercial quantity (1000 grams), thus Section 37 NDPS Act not attracted, and granted bail considering the period of custody.

27 Sep 2023

The applicant, Mukesh Rajaram Chaudhari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offenc...

High Court

Bombay High Court Quashes Wilful Defaulter Declaration Against Directors Due to Violation of Natural Justice. Show-Cause Notice Not Served to Directors Individually, Only to Company, Rendering WDIC and Review Committee Orders Unsustainable.

1 Dec 2021

The petitioners, who are directors of M/s. Universal Industrial Equipments and Technical Services Pvt. Ltd., challenged orders dated 07.12.2020 and 26...

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