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High Court of Karnataka Quashes Complaint in Cheque Bounce Case Due to Lack of Proper Service of Demand Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complaint Not Maintainable as Notice Was Not Sent to Correct Address....

The petitioner, P. Surendra Kumar, was shown as an accused in a private complaint filed by the respondent, M/s. Varkeys Retail Ventures Pvt. Ltd., alleging an offence under Section 138 of the Negotiab...

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High Court of Karnataka Sets Aside Lok Adalat Award in Partition Suit Due to Lack of Proper Consent. The court held that the award passed by the Lok Adalat under Section 21 of the Legal Services Authorities Act, 1987 must be based on a genuine compromise, and in its absence, the award is invalid and can be set aside under Articles 226 and 227 of the Constitution....

The petitioners, Govardhana and Srinivasa, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set aside the award/decree dated 07.04.2007 passed by the Lok Adalat...

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High Court of Karnataka Quashes FIR in Kidnapping Case Where Couple Married Voluntarily — Love Marriage Not Abduction Under Section 366 IPC. The court held that a voluntary marriage by a major woman does not constitute an offence under Section 366 IPC, and continuing proceedings would be an abuse of process....

The petitioner, Bharathraj Gumppe, a conductor by profession, fell in love with Miss Insha Khaleel, aged about 19 years and a student of I B.B.M. Course at St. Agnes College, Mangaluru, who is the dau...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Backwages for Termination Without Enquiry. Violation of Sections 25F and 25G of Industrial Disputes Act, 1947 Found as Employee Was Not Given Notice or Compensation and Principle of Last Come First Go Was Not Followed....

The case involves a challenge by the petitioners (the Principal of Industrial Training Institute, Khamgaon, and the Joint Director of Vocational Education and Training) against an award dated 30.10.20...

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Bombay High Court Dismisses Management's Challenge to School Tribunal Order Setting Aside Termination of Employees in MEPS Act Case — Termination Without Prior Approval Under Section 5 Void Ab Initio. School Tribunal Has Power to Award Backwages Under Section 9, and 75% Backwages Upheld as Employees Were Not Gainfully Employed....

The petitioners, a school management and its headmaster, challenged three common orders of the School Tribunal at Amravati dated 28th April 2015 in Appeal Nos. 36, 37, and 38 of 2014. The Tribunal had...

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Bombay High Court Upholds Government Resolution Requiring Prior Approval for Fee Hikes in Unaided Private Schools. The court held that the requirement of prior approval for fee increases under the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 is reasonable and does not violate Article 19(1)(g) of the Constitution....

The petitioners, Uran Education Society and Unaided Schools Forum, challenged the validity of a Government Resolution dated 5th May 2013 issued by the State of Maharashtra, which required unaided priv...

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Bombay High Court Allows Complainant's Petition in Cheque Dishonour Case — Orders Magistrate to Entertain Complaints Despite Jurisdictional Objection. Filing of Affidavit Under Section 145(1) of Negotiable Instruments Act, 1881 Marks Stage of Section 145(2), Precluding Return of Complaint....

The petitioner, Vasant S. Gala, was the complainant in two complaint cases under Section 138 of the Negotiable Instruments Act, 1881 against respondent No.2, Vijay Raghavji Dharod. The complaints were...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature are admitted, shifting burden on accused to rebut....

The appellant, Pandurang Ramchandra Ghorpade, filed two criminal appeals against the acquittal of respondent No.1, Vijay Gopala Lohar, in two separate cases under Section 138 of the Negotiable Instrum...

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Bombay High Court Considers Whether Notification 14/2010-ST is Clarificatory for Service Tax on Drilling Rigs in Continental Shelf. Appeal Admitted on Questions of Territorial Applicability of Service Tax to Offshore Drilling Services Under Finance Act, 1994....

The appellant, M/s. Greatship (India) Ltd., entered into contracts with ONGC in February and May 2009 to provide offshore drilling services using hired cantilever jack-up rigs. The services were perfo...