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Bombay High Court Quashes Section 179 Order Against Former Director for Tax Dues of Company — No Evidence of Neglect or Misfeasance. Director Who Resigned Before Relevant Assessment Year Cannot Be Held Liable for Company's Tax Default Under Section 179 of Income Tax Act, 1961.

The petitioner, Dinesh T. Tailor, was appointed as an Additional director of Yazad Investment & Finance Private Limited on 2 January 1987. He signed a...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Bombay High Court Allows Second Appeal in Landlord-Tenant Dispute — Partnership Claim Fails for Lack of Registration. Relationship of landlord and tenant established by payment of rent and acceptance, not partnership.

The case involves a second appeal filed by the defendants (appellants) against the judgment of the Additional District Judge, Nasik dated 3.10.1992, w...

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High Court of Judicature at Bombay Adjudicates Letter of Credit Dispute in Common Judgment for Two Suits Arising from Alleged Discrepant Documents. Bank's Liability for Wrongful Debit Examined Under UCP 290 with Emphasis on Strict Compliance and Discrepancy in Shipping Documents.

Two suits were filed arising from a documentary import Letter of Credit facility granted by State Bank of India to Dadlani Silk Stores. Suit No. 1012 ...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Injunction Set Aside Due to Vague Pleadings and Lack of Prima Facie Case. The court held that without proper proof of trademark ownership and clear pleadings, an interim injunction cannot be granted under the Trade Marks Act, 1999.

The case involves an appeal against an interim injunction granted by the Principal District Judge, Pune, restraining the appellants from using the tra...

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High Court of Judicature at Bombay Dismisses Builder’s Writ Petition Challenging NCDRC’s Rejection of Condonation of 1132-Day Delay; No Perversity Found. Delay in Appeal Against State Commission Order Not Sufficiently Explained Under Section 23 of Consumer Protection Act, 1986.

The petitioners, a construction firm and its partners, launched a real estate project and received an investment of Rs. 6,50,000/- from the respondent...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-ownership Barred by Limitation. Section 58 of Limitation Act, 1963 applies to amendments introducing new claims after expiry of limitation period.

The case involves a second appeal arising from a suit for specific performance of an agreement for sale of immovable property. The original plaintiffs...