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Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

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Bombay High Court Allows Petition by TPAs Challenging TDS Notices Under Section 194J of Income Tax Act. Payments to Hospitals by TPAs for Health Insurance Claims Are Not Subject to TDS as They Are Not Fees for Professional or Technical Services.

The petitioners, Dedicated Health Care Services TPA (India) Pvt. Ltd. and others, are Third Party Administrators (TPAs) registered with the Insurance ...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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Bombay High Court Dismisses Appeals by Hindustan Petroleum and Dealer in Eviction Suit — Lease Termination Valid Under Section 111(g) of Transfer of Property Act, 1882. Notice to Quit Properly Served and Not Waived by Acceptance of Rent.

The case involves two appeals arising from a suit for eviction filed by Dilip Prabhakar Dingorkar (the owner/lessor) against M/s. Hindustan Petroleum ...