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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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High Court of Bombay Dismisses Application for Reference to Arbitration in Summary Suit as Invoices Not Based on Arbitration Agreement. Mandatory Condition Under Section 8 of Arbitration and Conciliation Act, 1996 Not Satisfied as Subject Matter of Suit Differs from Arbitration Agreement.

The matter arose from a summary suit filed by M/s. Ruby Organics Pvt. Ltd. against M/s. Sai Mirra Innopharm Pvt. Ltd. for recovery of amounts due on v...

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Bombay High Court Dismisses Challenge to Amendment of Section 88 of Maharashtra Co-operative Societies Act, 1960. Insertion of Third and Fourth Provisos Permitting Government Extension of Time for Inquiry Against Delinquent Promoters is Constitutionally Valid and Not Retrospective Penal Legislation.

The dispute arose from an inquiry under Section 88(1) of the Maharashtra Co-operative Societies Act, 1960 initiated against former directors of the Ma...

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Supreme Court Allows Appeals Against Quashing of Prosecution of Municipal Commissioners Under Water Pollution Act. Holds That Commissioner of City Municipal Council and Chief Officers Are 'Head of Department' Under Section 48 of Water (Prevention and Control of Pollution) Act, 1974.

The Karnataka State Pollution Control Board filed complaints against the City Municipal Council, Krishnarajapuram, Bangalore, and its Commissioner (B....

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Disallowance Case Under Section 43B of Income Tax Act. Tribunal's deletion of disallowance upheld as service tax liability had not accrued since amount not received from clients.

The present appeal was filed by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITA...

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High Court of Karnataka Upholds CAT Order Quashing Recovery of Excess Pension from Retired Scientists — Recovery Without Notice Violates Natural Justice and Is Barred by CCS (Pension) Rules, 1972

The case involves a batch of writ petitions filed by retired scientists and employees of the Central Silk Board and its research institutes, challengi...

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Madras High Court Pronounces Judgment in Appeal by 9th Defendant Against Decree in Partition and Declaration Suit — Validity of Sale Deeds Executed Without Consent of Co-sharer Questioned

The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 by the 9th defendant against the judgment and decree dated 06.03.2020 in O....