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Madras High Court Dismisses Department's Appeal in Customs DFIA Scheme Conversion Case. Circular No.36/2010 Held Directory, Not Mandatory, Allowing Amendment of Shipping Bills Beyond Time Limit.

The case involves appeals filed by the Commissioner of Customs (Export) against the order of the Customs, Excise and Service Tax Appellate Tribunal (C...

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Bombay High Court Allows MSEDCL's Petitions Challenging CGRF Orders on Recovery of Additional Charges from Consumers. MERC Orders on FAC and AEC Recovery Upheld as Binding on Distribution Licensee.

The Bombay High Court dismissed a group of writ petitions filed by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenging orders...

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Bombay High Court Dismisses Petition Challenging MCGM Circular Denying Compassionate Appointment to Family of Employee Medically Invalidated After Age 50. The court held that the age bar of 50 years is reasonable and not arbitrary, and the rejection of the son's application was valid.

The petitioners, Pratibha Sanjay Padamalwar (widow) and Ashitosh Sanjay Padamalwar (son), filed a writ petition under Article 226 of the Constitution ...

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Bombay High Court Allows Refund Claim Despite Non-Electronic Filing in GST Case — Circular Cannot Override Statutory Provisions. Refund application filed manually under Section 54 of CGST Act, 2017 held valid as Circular No. 125/44/2019-GST requiring electronic filing is directory, not mandatory.

The petitioners, C.P. Ravindranath Menon and Sindhu Ravindranath Menon, filed a writ petition under Article 226 of the Constitution of India before th...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory.

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST I...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

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Bombay High Court Dismisses Petition Challenging No Objection Certificate for Society Redevelopment. Circular dated 3rd January 2009 under Section 79A of Maharashtra Co-operative Societies Act, 1960 held not mandatory but directory.

The Petitioner, a member of Navbharatiya Bhavan (1) Co-op. Hsg. Soc. Ltd., challenged the order dated 1st November 2014 granting a No Objection Certif...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Derivative Transaction Dispute. Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails as Award Not Patently Illegal or Perverse.

The appeal arose from a judgment of a learned Single Judge dated 6 July 2012 dismissing a petition under Section 34 of the Arbitration and Conciliatio...