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Bombay High Court Allows Reference in Income Tax Case — Remands to Tribunal for Fresh Determination on Cessation of Liability Under Section 41(1) of Income Tax Act, 1961. Disputed Liability for Forest Produce Price Not Ceased Merely Because Assessee Did Not Pay Pending Adjudication.

The case involves an income tax reference by the Income Tax Appellate Tribunal to the Bombay High Court regarding the applicability of Section 41(1) o...

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Bombay High Court Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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Bombay High Court Allows Winding Up Appeal in Debt Dispute — Company Deemed Unable to Pay Debts Under Section 433(e) of Companies Act, 1956. Debt Acknowledged by Respondent Company and Not Bona Fide Disputed, Entitling Appellant to Winding Up Order.

The Appellant, Tata Advanced Materials Ltd., filed a winding up petition against the Respondent, M/s. Tooltech Global Engineering Pvt. Ltd., under Sec...

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Bombay High Court Allows Revision in Guardianship Custody Case — Family Courts Act Overrides Guardian and Wards Act for Custody Matters. Application under Section 25 of Guardian and Wards Act, 1890 held not maintainable in view of Section 7(1)(g) of Family Courts Act, 1984.

The case involves a civil revision application filed by Vimalashram Gharkul of Amprapali Utkarsha Sangh, a registered public trust, through its Secret...

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Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...