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Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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High Court of Judicature at Madras Considers Writ Petition Against Order of Industrial Tribunal Rejecting Plea for Award on Majority Settlement. Industrial Tribunal Found Majority Settlement Voluntary but Held It Not Binding on Non-Signatory Union Members Under Industrial Disputes Act, 1947.

The management of Caterpillar India Private Limited, a multinational manufacturing off-road vehicles, and its recognized union, Caterpillar India Priv...

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Bombay High Court Allows Petitions Declaring Lapse of Reservation for Garden Under MRTP Act, 1966 Due to Failure to Acquire Within One Year of Notice. Reservation Lapses Absolutely as No Declaration Under Section 126 Was Published Despite Proposal to Collector.

The petitioners, owners of two parcels of land in Borivali, Mumbai, filed writ petitions seeking a declaration that the reservation of their lands for...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...