Search Results for "prejudicial order"

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Bombay High Court Considers Revenue Appeal Against ITAT Order in Section 263 Revision Case. Appeal Concerns Whether Non-Verification of Utilization of Accumulated Income Under Section 11(2) Renders Assessment Order Erroneous and Prejudicial to Revenue.

The matter arose from an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 before the Bombay High Court against the order of the In...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Act Case Upholding Revisional Jurisdiction. Commissioner Validly Set Aside Assessment Order as Payment to Shareholders Was Not 'Cost of Improvement' Under Capital Gains Computation Under Sections 48 and 263 of Income Tax Act, 1961.

The dispute arose from an income tax assessment concerning the sale of a property named 'Paville House' by the respondent assessee, a company engaged ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Defective Translation of Grounds of Detention. Error in Translating CR Number in Marathi Version Violates Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, Sunil Bharat Govari, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay Snapping Live Link. Preventive Detention Order Under Section 3(1) of COFEPOSA Act, 1974 Set Aside as Delay Between Last Smuggling Activity and Order Was Unexplained.

The petitioner, a friend of the detenu Joshy Mathew, challenged the detention order dated 3rd May 2004 issued under Section 3(1) of the Conservation o...