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Bombay High Court Issues Judgment in Writ Petition for Refund of Interest Under Customs Act, 1962. Petition Seeks Refund of Interest Allegedly Illegally Recovered Without Issuing Notice Under Section 59(1) of the Customs Act.

The dispute arose from the import of spices by the petitioners, fourteen proprietary firms, who faced a refusal from the customs authorities to clear ...

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Madras High Court Partly Allows Writ Petition Quashing Recovery of Excess Pay from Government Employee; Holds Recovery After Long Delay Without Misrepresentation Impermissible Under Rafiq Masih Principles, Confirms Pay Revision and Directs Refund of Amount Recovered.

The case arose from a writ petition filed under Article 226 of the Constitution of India by D. Sivakumar, a government employee working as Central Naz...

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Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

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Bombay High Court Dismisses Writ Petition Against Recovery of Dues as Arrears of Land Revenue Under Revenue Recovery Act, 1890. Amounts Recoverable as Arrears of Land Revenue Under State Law Held Recoverable Across States Under Central Enactment, Rejecting Petitioner's Challenge to Recovery by Collector.

The writ petition was filed by a sole proprietor who had entered into an agreement with the Gujarat Industrial Development Corporation (GIDC) to use f...

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Bombay High Court Allows Writ Petition Challenging Recovery of Customs Duty After Inordinate Delay. Demand notice under Section 72(1) of Customs Act, 1962 cannot be enforced after five years of inaction by customs authorities.

The petitioner, Anu Products Ltd., filed a writ petition under Article 226 of the Constitution before the Bombay High Court, aggrieved by a recovery i...

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Bombay High Court Quashes BMC Recovery Order in Contract Dispute — Unilateral Recovery Without Notice Violates Natural Justice. Petitioner's dues cannot be withheld without prior notice and opportunity of hearing under Article 226 of the Constitution of India.

The petitioner, Michigan Engineers Pvt. Ltd., a company engaged in infrastructure and construction services, filed a writ petition under Article 226 o...