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Bombay High Court Allows Director's Petition to Drop Proceedings in Food Adulteration Case — Nominee Already Declared Under Section 17 of Prevention of Food Adulteration Act, 1954. Director Cannot Be Prosecuted When Company Has Nominated a Person Responsible for Conduct of Business.

The petitioner, Afzal Abdul Khalek Ahmed, a director of M/s Recon Oil Industries Ltd., filed a criminal writ petition challenging an order dated 9th M...

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SPECIAL CASE NO. 3 OF 2001

The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, presided over by Justice Roshan Dalvi, heard Special Case No. ...

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High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

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Bombay High Court Quashes Criminal Proceedings Against Partnership Firm in Cheque Dishonour Case Due to Lack of Vicarious Liability. Employee's Misappropriation of Cheque Without Firm's Knowledge Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Guma Tech Marine Services, a registered partnership firm, filed a criminal writ petition under Article 226 of the Constitution of Indi...

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Bombay High Court Quashes Reinstatement Order for Daily Wage Worker in Banking Company — 93 Days of Service Does Not Confer Right to Regularisation. The court held that a daily wage worker who worked for 93 days as a badli sepoy is not entitled to reinstatement or permanent absorption.

The petitioner, Dena Bank, a banking company constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, challenged ...

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Bombay High Court Considers Sales Tax References on Set-Off under Rule 41D. Court Interprets Whether Full Set-Off Applies to Furnace Oil Used in Manufacture of Goods Sold Locally and Transferred to Branches Outside State Under Bombay Sales Tax Rules, 1959.

The High Court of Judicature at Bombay was seized of two Sales Tax References arising from a common order of the Maharashtra Sales Tax Tribunal. Both ...

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Bombay High Court Dismisses Petition Challenging Rejection of Discharge in Bank Fraud Case — Petitioner, a General Manager of a Cooperative Bank, Allegedly Violated RBI Guidelines by Investing in Non-SLR Securities Through a Broker, Causing Loss to the Bank.

The petitioner, Kishore Deshpande, was the General Manager of CKP Co-operative Bank Ltd. and was arraigned as accused No.5 in FIR No. RC 8/E/2010 regi...

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Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

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Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...