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Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

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Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

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Bombay High Court Allows Section 11 Application, Holds LLP Can Be Party to Arbitration Under LLP Agreement Despite Not Being Signatory. LLP Agreement is Charter Document Binding the LLP, and Disputes Relating to LLP's Affairs Necessarily Involve LLP as Party.

The applicant, Kartik Radia, a former partner of BDO India LLP, was expelled from the LLP. He sought to initiate arbitration under the LLP Agreement d...

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Bombay High Court Dismisses Summary Judgment in Commercial Suit for Unpaid Rent, Grants Unconditional Leave to Defend. Triable issues raised regarding termination of lease and liability of partners under the Indian Partnership Act, 1932.

The plaintiff, PVR Ltd., filed a Commercial Summary Suit against the defendants, Proetus Ventures LLP and its partners, Shardul Bayas and Abhinay Rame...

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High Court of Judicature at Bombay Hears Writ Petition Challenging Rejection of Bid in Tender for Road Maintenance Work. Petitioner Alleges Arbitrary Rejection for Not Submitting Notarized Business Transfer Agreement.

The writ petition sought to challenge the decision of the Executive Engineer, National Highway Division, Pune, rejecting the petitioner's bid as non-r...

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INTERIM APPLICATION NO.1767 OF 2020

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Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...

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Bombay High Court Upholds Acquittal in Section 138 NI Act Case Due to Non-Prosecution by Complainant's Partner. Complaint Filed by Partner Without Proper Authorization Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal appeals arising from a judgment of acquittal passed by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai on 30/08/...