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Bombay High Court Allows SFC Petition Against Guarantors Under Section 31(1)(aa) of SFC Act, 1951 — Guarantors Liable Despite Company's Winding Up. Guarantee is a separate contract and liability of guarantor is co-extensive with principal debtor under Section 128 of Indian Contract Act, 1872.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951 ag...

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Karnataka High Court Dismisses Petitions Challenging Service Tax on Renting of Hotels and Restaurants. Sub-clauses (ZZZZV) and (ZZZZW) of Section 65(105) of Finance Act, 1994 as amended by Finance Act, 2011 held to be within legislative competence of Parliament.

The case involves three writ petitions filed under Articles 226 and 227 of the Constitution of India before the Karnataka High Court. The petitioners ...

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Bombay High Court Examines Constitutionality of National Investigation Agency Act, 2008, in Malegaon Blast Case. Petitioners Challenged Legislative Competence and Transfer of Investigation Without State Consent, Arguing Encroachment on State Police Powers.

The matter arose from two criminal writ petitions filed in the Bombay High Court challenging the constitutional validity of the National Investigation...

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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...

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Supreme Court Allows Revenue's Appeal in Gypsum Board Tax Classification Case. Holds that Gypsum Board Falls Under 'Gypsum in All Its Forms' Entry in Rajasthan VAT Act, Taxable at 4%.

The Supreme Court allowed the appeals filed by the Additional Commissioner (Legal), Commercial Taxes, Rajasthan and another against the judgment of th...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Quashes Chief Minister's Stay on Co-operative Bank Recruitment — Chief Minister Lacks Statutory Power Under MCS Act to Interfere in Autonomous Bank's Internal Management.

The petitioners, Chandrapur District Central Co-operative Bank Ltd. and its Chairman, challenged the order dated 29.11.2022 passed by the Chief Minist...