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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus to Issue Exemption Notification Under Section 25 of Customs Act, 1962 — No Fundamental Right to Exemption from Customs Duty. Budget Proposal Does Not Have Force of Law Until Enacted; Power Under Section 25 is Permissive, Not Mandatory.

The petitioner, Amin Merchant, imported eight consignments of goods classified under Tariff Heading 2208.10 of the Customs Tariff during financial yea...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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Bombay High Court Considers Criminal Appeals Against Conviction Under Sections 302, 364 and 201 IPC in Murder Case. Appeals Challenge Life Imprisonment and Fine Imposed by Additional Sessions Judge Wardha Based on Allegations of Common Intention, Illicit Relationship, and Circumstantial Evidence.

The appeals arose from the judgment and order of the Additional Sessions Judge, Wardha in Sessions Case No. 11 of 2014 dated 27.09.2016, convicting fo...

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Supreme Court Allows University Appeal in Increment Dispute Under UGC Scheme. Two Advance Increments Denied to Lecturer Holding Ph.D. on Placement as Selection Grade Lecturer Upheld.

The present appeal arises from a judgment of the Kerala High Court which directed the Sree Sankaracharya University of Sanskrit to grant two advance i...

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Bombay High Court Allows Customs Appeal in Rig Import Valuation Case — Upholds Reassessment Based on Higher Transaction Value. Customs Duty Demand on 'Pride Pennsylvania' Rig Upheld as Invoice Value Not Sole Determinant Under Customs Act, 1962.

The Commissioner of Customs (Imports), Mumbai, appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which h...

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Madras High Court Dismisses Revenue's Appeal in Customs Valuation Case — Confirms CESTAT's Finding That Transaction Value of Imported Goods Is Acceptable Under Section 14 of Customs Act, 1962. Burden of Proof on Revenue to Show Fraud or Misdeclaration Not Discharged.

The case involves four Civil Miscellaneous Appeals filed by the Commissioner of Customs (Port-Export), Chennai, under Section 130 of the Customs Act, ...

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Bombay High Court, Nagpur Bench, Considers Election Petition Alleging Improper Rejection of Nomination Under Section 9A of Representation of the People Act, 1951. Petitioner Claims Retirement from Partnership Firm Removed Disqualification Before Scrutiny Date.

The petitioner, a former partner in M/s. Musale Construction, intended to contest the 2014 Maharashtra Legislative Assembly election from 49-Saoner co...

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Bombay High Court Upholds Settlement Commission's Majority Decision Rejecting Settlement Application in Customs Duty Evasion Case. Majority view prevails over minority view under Section 127I of the Customs Act, 1962 when there is a difference of opinion among Members.

The petitioners, Under Water Services Company Limited and others, filed a Writ Petition under Article 226 of the Constitution of India challenging the...