Search Results for "Section 35"

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Bombay High Court at Goa Dismisses Petition Challenging Rent Controller's Inquiry into Landlord-Tenant Relationship Under Section 35 of Goa Rent Control Act. Court upholds Rent Controller's jurisdiction to decide preliminary issue of relationship before granting relief of restoration of electricity.

The case involves a dispute between Shri Pandurang Damodar Kamat (Petitioner) and Shri George Veerampully (Respondent) regarding the restoration of el...

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High Court Grants Bail to Accused in POCSO Case Due to Non-Compliance with Section 35 Mandate for Victim Examination. The court held that failure to examine the victim within 30 days under Section 35 of the POCSO Act entitles the accused to bail under Section 439 CrPC.

The petitioner, Sri Krishna V, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.33/2019 r...

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Bombay High Court Dismisses Challenge to POCSO Court Orders Allowing Victim's Evidence Recording and Denying Audio-Video Copies. Petitioner's Failure to Object at Trial Stage Precludes Later Challenge; Section 35 POCSO Act Irregularity Cured by Consent.

The petitioner, Shubham Vilas Tayade, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, challenging two orders passed by the ...

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Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

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Bombay High Court Dismisses Appeal Against Full Predeposit of Penalty in FEMA Case — No Undue Hardship or Prima Facie Case Established. Appellant failed to demonstrate financial hardship or strong case on merits for waiver of predeposit under Section 19(1) of FEMA, 1999.

The Appellant, Rajkumar Shivhare, was proceeded against for violation of Section 3(c) of the Foreign Exchange Management Act, 1999 (FEMA) for allegedl...

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Bombay High Court Dismisses Petition Seeking Condonation of Delay Beyond Statutory Limit in Central Excise Appeal. Section 35 of Central Excise Act, 1944 Provides an Outer Limit of 30 Days for Condonation, Which Cannot Be Extended by Section 5 of Limitation Act, 1963.

The petitioner, M/s Raj Chemicals, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction to con...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Chairman of Panchayat Samiti — Motion Valid Despite Absence of Members. Section 35 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 does not require quorum for no-confidence meeting; notice properly served.

The petitioners, six elected members of Panchayat Samiti, Mahagaon, challenged the no-confidence motion passed against the Chairman, respondent no.3, ...

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Bombay High Court Dismisses Writ Petition in Central Excise Appeal Limitation Case — Commissioner (Appeals) Has No Power to Condon Delay Beyond 60 Days Under Section 35 of Central Excise Act, 1944. Appeal filed beyond 90 days from order date cannot be entertained.

The petitioner, M/s Sheetal Enterprises, a manufacturer of industrial lubricants, availed benefit of Nil rate of duty for export under Rules 13 and 14...