Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Where a statutory appeal is available, writ jurisdiction is ordinarily not entertained against a show cause notice or an adjudication order unless there is breach of natural justice, excess of jurisdiction, violation of fundamental rights, or a vires challenge. Here, the petitioner received the show cause notice, participated in the adjudication, and a speaking order was passed after hearing; the Court found no denial of natural justice. Objections to the consolidated notice and the adjudicating authority's competence were held to be matters for the appellate authority. The writ petition was therefore dismissed, and the petitioner was relegated to the statutory appeal under Section 107 against the Order-in-Original.
Where a statutory appeal is available, writ jurisdiction is ordinarily not entertained against a show cause notice or an adjudication order unless there is breach of natural justice, excess of jurisdiction, violation of fundamental rights, or a vires challenge. Here, the petitioner received the show cause notice, participated in the adjudication, and a speaking order was passed after hearing; the Court found no denial of natural justice. Objections to the consolidated notice and the adjudicating authority's competence were held to be matters for the appellate authority. The writ petition was therefore dismissed, and the petitioner was relegated to the statutory appeal under Section 107 against the Order-in-Original.
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