Search Results for "jurisdictional precondition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "jurisdictional precondition"

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High Court

High Court of Bombay at Goa Allows Second Appeal in RERA Registration Dispute — Development Agreement Not Required to Be Registered Under Registration Act for Project Registration. The Court held that the Goa Real Estate Regulatory Authority exceeded its jurisdiction by insisting on compulsory registration of a development agreement under Section 17 of the Registration Act, 1908, as a precondition for processing a project registration application under Sections 3 and 4 of the Real Estate (Regulation and Development) Act, 2016.

18 Jul 2026

The appellant, Edcon Real Estate Developers, a registered partnership firm, filed a Second Appeal under Section 58 of the Real Estate (Regulation and ...

High Court

High Court Quashes Penalty on Company Officials Under CGST Act Due to Lack of Personal Liability Evidence and Procedural Flaws. Petitioners Challenge Penalty Order for Fake Input Tax Credit Allegations

25 Feb 2026

The petitioners, employees of M/s. Shemaroo Entertainment Limited, filed a writ petition challenging an order-in-original dated 1 February 2025 that i...

Supreme Court

Supreme Court Upholds Constitutional Validity of Maharashtra Cooperative Societies Act Provisions for Election Disqualification of Directors for Default in Loan Repayment. The Court held that Section 73AB and 73B of the MCS Act, 1960, which disqualify directors for default in repayment of loans, are not ultra vires the Constitution and are reasonable restrictions under Article 19(1)(g) and Article 14.

31 Dec 2025

The case involves a batch of civil appeals challenging the constitutional validity of Sections 73AB and 73B of the Maharashtra Cooperative Societies A...

Supreme Court

Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

1 Jan 2025

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

3 Sep 2024

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

High Court

Bombay High Court Quashes Reassessment Notice for Co-operative Bank Due to Lack of Failure to Disclose Material Facts — Reassessment Initiated Beyond Four Years Invalid Under Section 147 Proviso. The Court held that the Revenue's reasons for reopening were based on a mere change of opinion on the same disclosed facts, failing to satisfy the jurisdictional precondition of failure to disclose fully and truly all material facts.

26 Aug 2024

The Petitioner, The Saraswat Co-operative Bank Ltd., filed a Writ Petition challenging a reassessment notice dated 30 March 2021 issued under Section ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Labour Court Orders in Industrial Dispute — Petitioner Company Failed to Show Perversity or Jurisdictional Error in Awards Granting Relief to Workmen.

23 Jan 2024

The petitioner, Electropneumatics And Hydraulics India Pvt. Ltd., filed two writ petitions under Article 226 of the Constitution challenging separate ...

High Court

Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

2 Apr 2019

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in International Taxation Case — Transfer Pricing Adjustments Not Required for Non-Resident Entities Without PE in India. Settlement Commission has exclusive jurisdiction to determine tax liability of non-resident entities, and transfer pricing provisions under Chapter X of Income Tax Act, 1961 do not apply to non-residents without permanent establishment in India.

28 Feb 2014

The case involves a writ petition filed by the Director of Income Tax (International Taxation), Mumbai, challenging an order dated 31 January 2008 pas...

High Court

Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Bogus Purchases Case — No Jurisdictional Error Found. Settlement Commission's Discretion to Accept Additional Income Disclosure Under Section 245D of Income Tax Act, 1961 Upheld as Not Perverse or Unreasonable.

13 Jun 2013

The Revenue (Commissioner of Income Tax, Pune) filed a writ petition under Article 226 of the Constitution challenging an order dated 21 September 201...

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