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Bombay High Court Quashes Show Cause Notice in Customs Act Case Due to Inordinate and Unexplained Delay of 15 Years. Transfer to Call Book Without Intimation Violates Section 28(9) of Customs Act, 1962.

The petitioner, Paresh H. Mehta, a sole proprietor of M/s. P. H. Mehta and Co., challenged a show cause notice dated 16 May 2008 issued under Section ...

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High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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High Court of Karnataka Dismisses Appeal in Service Tax Reimbursement Dispute — Contractual Obligation Not Imposed by Tender. Amendment of law does not automatically entitle contractor to reimbursement of service tax paid after contract execution.

The appellant, M/s. Jyothy Fabricare Service Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petitions seeki...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Quashes Rejection of Section 264 Application in Income Tax Case — Holds Section 179(1) Order Against Legal Heirs Requires Proper Application of Mind. Revisional Authority Must Consider Merits and Not Reject Application Mechanically Under Section 264 of the Income Tax Act, 1961.

The petitioners, Manjula D. Rita and Bhavya D. Rita, are two of the four legal heirs of the deceased Dinesh Shamji Rita, who was a director of a compa...

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Bombay High Court Allows Writ Petition in VSV Act Dispute — Directs Issuance of Correct Form No.3. Dispute over computation of tax arrears under Direct Tax Vivad Se Vishwas Act, 2020, where petitioner's declared amounts were not reflected in certificate.

The petitioner, Weber Hydraulics India Pvt. Ltd., filed a writ petition before the Bombay High Court challenging the issuance of a Certificate in Form...