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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 Allows Writ Petitions of Petroleum Dealers Challenging VAT Assessment Orders. Assessment orders under Dadra and Nagar Haveli Value Added Tax Act, 2005 set aside as barred by limitation and violative of natural justice.

The judgment pertains to a batch of writ petitions filed by several petroleum dealers (M/s. Yogi Petroleum, Jay Jalaram Construction Co., M/s. Ratan P...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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Bombay High Court Quashes Removal of Employee in Coal India Service Dispute — Violation of Natural Justice as No Inquiry Held Before Dismissal Based on Self-Declaration. Rule 34(1)(ii) of Coal India Executives Conduct, Discipline and Appeal Rules, 1978 Requires Inquiry Before Penalty of Removal.

The petitioner, Shri Sheopurari Singh, was employed as Deputy General Manager (Vigilance) in M-1 Grade at the Vigilance Department of Western Coalfiel...

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Bombay High Court Quashes Criminal Proceedings Against Directors in CBI Case for Lack of Sanction Under Section 197 CrPC. Directors of Companies Cannot Be Prosecuted Without Prior Sanction as They Were Public Servants Under the Prevention of Corruption Act, 1988.

The case involves two criminal revision applications filed by directors of companies against whom the CBI had initiated prosecution. The applicants we...

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Bombay High Court Quashes Externment Order for Vagueness and Non-Application of Mind Under Section 56(1) Bombay Police Act, 1951. The court held that the externment order was invalid as the notice did not specify the nature of harmful activities and the authority failed to consider less drastic remedies.

The petitioner, Shahid Mohammedali Bepari, challenged an externment order dated 11.4.2011 passed by the Sub Divisional Magistrate, Miraj, under Sectio...