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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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Bombay High Court Holds Defendant Guilty of Contempt for Willful Disobedience of Injunction in Copyright and Passing Off Case. Defendant's Continued Use of Deceptively Similar Trade Dress Despite Court Order Constitutes Contempt Under Order 39 Rule 2-A CPC.

The Plaintiff, Cargil India Private Limited, a subsidiary of Cargil Inc., is engaged in the business of edible oils and holds copyright in the packagi...

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Bombay High Court Dismisses Petitions Challenging Transfer of Assistant Professors from Autonomous College. Government retains administrative control over employees recruited before grant of autonomy, and transfer order is not ultra vires.

The petitioners, Assistant Professors, were recruited by the State Government before their college became autonomous. Subsequently, the government tra...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Quashes Criminal Proceedings Against Co-opted Director in Bank Fraud Case Due to Lack of Evidence. Petitioner, a medical practitioner co-opted as director of a cooperative bank, was not named in charge-sheets and no material showed her involvement in alleged misappropriation.

The petitioner, a medical practitioner, was co-opted as a director of Samta Sahakari Bank Ltd., a cooperative society running banking business, from 1...

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Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Arbitrator Directed. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seek...

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High Court of Bombay at Goa Allows PIL Seeking Remedial Measures Against Illegal Sand Mining and Withdraws Environment Clearance for Non-Compliance. Court Directs State to Formulate Comprehensive Policy and GSEIAA to Re-evaluate Clearance Under Sustainable Sand Mining Management Guidelines.

The Federation of Rainbow Warriors, a society registered under the Societies Registration Act, 1860, filed a Public Interest Litigation before the Hig...