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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Allows Petitioner in Income Tax Reassessment Case Due to Lack of Fresh Material and No Failure to Disclose. Reopening Beyond Four Years Invalid as Revenue Failed to Allege Non-Disclosure Under Section 147 of Income Tax Act, 1961.

The petitioner, Sun Tan Trading Co. Ltd., is engaged in the business of import and distribution of alcoholic beverages in India. It had entered into a...

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Bombay High Court Dismisses ED's Petition Seeking Locus in Closure Report Filed by State in Private Complaint. ED cannot intervene in a closure report filed by the State in a private complaint case under Section 173 Cr.P.C. as it is not an aggrieved party.

The Directorate of Enforcement (ED) filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crimi...

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High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...

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Bombay High Court Upholds Industrial Court Order for Full Back Wages and Retrenchment Compensation to Workmen in Unfair Labour Practice Case. Company's Claim of Financial Difficulty and Closure Not Sufficient to Deny Workmen's Entitlement Under MRTU & PULP Act, 1971.

The petitioner, D.G.P.Windsor (India) Ltd., challenged an order dated 22nd September 2005 passed by the Industrial Court, Thane in Complaint (ULP) No....

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High Court of Bombay Clarifies Powers of Collector under Section 142 of Maharashtra Prohibition Act, 1949. Court Expands the Scope of "Any Place" in Section 142(1) to Include Multiple Licensed Shops in the Interest of Public Peace.

The Bombay High Court addressed the scope of the Collector's powers under Section 142(1) of the Maharashtra Prohibition Act, 1949. The petitioners cha...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award for Reinstatement of Workmen in Industrial Disputes Act Case. Employer Failed to Prove Valid Closure or Compliance with Section 25-H for Re-employment After Restarting Factory.

The petitioner, Meltron Engineering Industries, challenged an award of the Labour Court at Pune in a reference under Section 12(5) of the Industrial D...

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Bombay High Court Dismisses Petition Challenging Reassessment Notice Under Section 148 of Income Tax Act for AY 2007-2008. Failure to Assess Consideration Under Distribution Agreement Constitutes Income Escaping Assessment.

The petitioner, Sun Tan Trading Co. Ltd., is engaged in the business of import and distribution of alcoholic beverages in India. It entered into a Dis...

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Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...