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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

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Supreme Court Allows Appeal by MSEDCL in Electricity Tariff Dispute Over Change in Law Due to Wildlife Notification. Held that the notification declaring buffer zone around Tadoba Tiger Reserve constituted a 'Change in Law' under PPAs, entitling APML to compensatory tariff for all four PPAs.

The present appeals arise from a dispute between Maharashtra State Electricity Distribution Company Limited (MSEDCL), the appellant, and Adani Power M...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case on Bifurcation of Interest and Service Charges. Tribunal's finding that no service tax liability arises prior to 01.03.2006 due to absence of mechanism for bifurcation of value of service from interest amount upheld.

The appeal was filed by the Commissioner of CGST & Central Excise under Section 35G of the Central Excise Act, 1944, challenging the order of the Cust...

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Bombay High Court Upholds Reinstatement of Anganwadi Sevika with Full Back Wages in Termination Dispute. Industrial Court's Revision Order Restoring Continuity and Back Wages Upheld as Termination Found Unjustified Under Industrial Disputes Act, 1947.

The petitioners, the Zilla Parishad and the Child Development Project Officer, challenged the judgment of the Industrial Court dated 17/09/2013 in Rev...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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Bombay High Court Dismisses Appeal by ICAR and NRCC, Upholds State Government as Appropriate Government for Labour Dispute. Jurisdiction of Labour Court under MRTU & PULP Act Confirmed for Termination of Agricultural Labourers Employed by Central Government Undertaking.

The case involves an appeal by the Indian Council of Agricultural Research (ICAR) and the National Research Centre for Citrus (NRCC) against a judgmen...