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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between Truck Driver and Jeep Driver Based on Evidence of Collision on Wrong Side.

The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgmen...

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Bombay High Court Upholds Reinstatement of Worker in Cooperative Bank Dispute, Modifies Backwages and Continuity of Service. Industrial Court's denial of continuity of service and reduction of backwages to 25% upheld as proportionate to misconduct of unauthorized absence.

The judgment concerns two writ petitions filed by the Management (Ahmednagar Merchants Cooperative Bank Ltd.) and the Worker (Gangaram Nathu Satpute) ...

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Supreme Court Allows Pension Arrears to Retired Bank Employee Despite Employer's Delay in Remitting Contribution. Employer's Obligation to Forward Pension Papers Cannot Be Withheld Due to Disciplinary Proceedings; Para 5(2) of Pension Scheme Held Ultra Vires to Deny Arrears.

The appellant, Issac T M, was an employee of the Idukki District Co-operative Bank Ltd from 1978 until his superannuation on 31 January 2007. The Gove...

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Bombay High Court Quashes ESIC Demand Notices for Non-Application of Mind and Violation of Natural Justice. Employer's Failure to Produce Records Does Not Justify Ex-Parte Assessment Without Proper Opportunity of Hearing.

The petitioners, a company and its director, filed a writ petition before the Bombay High Court challenging various demand notices, recovery notices, ...

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WRIT PETITION NO.5186 OF 2001

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High Court of Karnataka Dismisses Revision Petition in Defamation Case — Conviction for Criminal Defamation Under Sections 499, 500, 501 IPC Upheld. Concurrent findings of fact by trial and appellate courts cannot be interfered with in revision unless perverse or illegal.

The petitioner, B.S. Shivaprasad, was the printer, publisher and acting editor of a newspaper. He was tried in C.C.No.21429/2001 before the JMFC, II C...

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Bombay High Court Allows Co-operative Bank's Tax Appeals on TDS Exemption for Interest Paid to Members Under Section 194A(3)(v) of Income Tax Act, 1961 — Prospective Amendment Effective from 1st June, 2015 Clarifies Exemption Not Applicable to Time Deposits.

The appellant, Saraswat Co-operative Bank Ltd., filed tax appeals against orders of the Income Tax Appellate Tribunal (ITAT) for assessment years 2010...

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Bombay High Court Grants Leave to Appeal in NI Act Case Due to Denial of Adjournment — Trial Court's Rejection of Adjournment Without Considering Advocate's Engagement Violated Principles of Natural Justice

The applicant, Dhule Shahar Kirana va Bhusar Vyapari Nagari Sahakari Patsanstha Maryadit, through its representative Suresh Sahebrao Jadhav, filed a c...