Search Results for "Obiter Dicta"

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High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted. Cheque Issued as Security for Advance of Rs.80 Lakh Dishonoured — Accused Failed to Prove Absence of Debt.

The case arises from a complaint filed by HMT (International) Limited, a public limited company, against M/s Nucor Wires Limited and its directors (th...

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Bombay High Court Allows Petition of Educational Society and Principal, Quashes Tribunal's Reinstatement Order for Peon Appointed Without Age Relaxation. Appointment of Overaged Peon Without Required Approval Held Void Ab Initio, Confirmation Does Not Validate Illegal Appointment.

The petitioners, an educational society and its college principal, challenged the judgment of the University and College Tribunal, Nagpur, which had a...

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Bombay High Court Full Bench Examines Reference on Whether Mathadi Act Applies Only to Casually Engaged Workers; Considers Statutory Definition of Unprotected Worker Under Section 2(11)

Background: A group of writ petitions were filed before the Bombay High Court by various employers including Kay Kay Embroideries P. Ltd., Bhulwalka S...

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Supreme Court Deliberates on Employment Status of Contract Workers in Statutory Canteens Under Factories Act. The Court Examines Whether Workers Engaged by Contractor to Run Canteen Required Under Section 46 Are Deemed Employees of Principal Employer.

The appeals arose from a dispute over the employment status of casual workers employed by a contractor to run a canteen at Air India's premises. The c...

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Bombay High Court Examines Validity of Government Circulars on Teacher Seniority Under MEPS Act. Issue Concerns Inter-Se Seniority Between Originally Trained Graduate Teachers and Those Acquiring B.Ed. Later.

The High Court of Judicature at Bombay heard a batch of writ petitions concerning inter-se seniority between two classes of secondary school assistant...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Appeal Under MPID Act Seeking Release of Attached Property — Property Acquired During Pendency of Criminal Proceedings Cannot Be Claimed as Bona Fide Purchaser Without Notice.

The case involves an appeal filed by Ved Prakash Arya under Section 11 of the Maharashtra Protection of Interest of Depositors (in Financial Establish...