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Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Waiver of Pre-Deposit in Customs Dispute. BIFR Scheme Binding on Government Departments; Pre-Deposit Condition Quashed for Sick Industrial Company Under Section 35F of Central Excise Act, 1944.

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a mandamus directing respondents 1 to 3 (Director General o...

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WRIT PETITION NO. 4987 OF 2022

The petitioners, landowners from village Vhanur, Taluka Kagal, District Kolhapur, filed writ petitions under Article 226 of the Constitution of India ...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Allows Writ Petition Challenging Electricity Disconnection of Sick Industrial Company. Government's Communication to MSEDCL to Disconnect Supply Set Aside as Violative of Natural Justice and Contrary to BIFR Directions.

The petitioner, Goradia Special Steels Ltd., a company incorporated under the Companies Act 1956, is a sick industrial company registered with the Boa...

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Bombay High Court Allows Revenue Appeal in Central Excise Case — Interest Under Section 11AB Cannot Be Waived. Mandatory Interest Provision Requires Payment of Interest on Delayed Duty Even if Penalty Is Waived.

The case involves an appeal by the Revenue (Commissioner of Central Excise and Customs) against an order of the Customs, Excise & Service Tax Appellat...

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Bombay High Court Dismisses Revision by Income Tax Department Against Discharge of Accused in Tax Evasion Case. Tribunal's Order Setting Aside Penalty Renders Criminal Proceedings Unmaintainable Under Section 276C(1) and 277 of Income Tax Act, 1961.

The case involves a Criminal Revision Application filed by the Assistant Commissioner of Income Tax, challenging the order of the Additional Chief Met...

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Bombay High Court Dismisses Writ Petition Challenging Interest Demand on Bonded Goods Under Customs Act. Interest under Section 61(2) of the Customs Act, 1962 is Mandatory and Not Waivable Even for Delays Caused by Customs Authorities.

The petitioners, M/s SBEC Sugar Limited and its shareholder S.S. Agarwal, filed a writ petition under Article 226 of the Constitution of India challen...