Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
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High Court jurisdiction to review preventive detention orders pre-execution exists but is constrained by judicial self-restraint; interference is limited to errors such as wrong statute, wrong person, wrong purpose, vagueness, extraneous grounds, or lack of authority, and normally not available where the proposed detenue has absconded. The court applied precedent distinguishing limited pre-execution review from challenges that would permit an absconder to benefit from evasion, noted the petitioner was a proclaimed offender subject to lookout measures and prosecution steps and had not surrendered, and consequently declined to exercise Article 226 jurisdiction pre-execution while preserving the petitioner's right to challenge the order after surrender under due process safeguards.
High Court jurisdiction to review preventive detention orders pre-execution exists but is constrained by judicial self-restraint; interference is limited to errors such as wrong statute, wrong person, wrong purpose, vagueness, extraneous grounds, or lack of authority, and normally not available where the proposed detenue has absconded. The court applied precedent distinguishing limited pre-execution review from challenges that would permit an absconder to benefit from evasion, noted the petitioner was a proclaimed offender subject to lookout measures and prosecution steps and had not surrendered, and consequently declined to exercise Article 226 jurisdiction pre-execution while preserving the petitioner's right to challenge the order after surrender under due process safeguards.
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