Search Results for "partner liability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "partner liability"

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High Court

Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

12 Aug 2024

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

Supreme Court

Supreme Court Upholds CESTAT's Remand Order in Central Excise Valuation Dispute — Evasion of Duty Based on Undervaluation of Plywood/Block Boards. The Court Held That the Adjudicating Authority Must Provide a Reasoned Order After Proper Cross-Examination and Consideration of Evidence, and That the Tribunal's Remand for De Novo Adjudication Was Justified.

19 Aug 2020

The case involves appeals by the Commissioner of Central Excise against orders of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that...

Supreme Court

Supreme Court Quashes Penalty on Part-Time Director in FERA Contravention Case Due to Lack of Specific Findings on Responsibility. Liability Under Foreign Exchange Regulation Act, 1973 Requires Proof That Director Was in Charge of and Responsible for Conduct of Business at Relevant Time, Not Mere Directorship.

27 Jul 2020

The appeal arose from a penalty imposed on the appellant, a part-time non-executive director of Modi Xerox Ltd., for alleged contravention of the Fore...

High Court

Bombay High Court Allows Appeal in ESI Act Case — Establishes Separate Entities Not Functionally Interconnected. Functional Interconnectivity Test Under Section 75(1)(g) of ESI Act, 1948 Requires Common Supervision, Finance, and Labour; Mere Common Partners Insufficient.

18 Sep 2019

The appellant, M/s. New Power Supply, a partnership concern engaged in manufacturing and repairing power transformers, filed an appeal against the jud...

High Court

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.

4 Jul 2019

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

High Court

Bombay High Court Dismisses Interim Injunction in Specific Performance Suit — No Prima Facie Case for Restraint Against Developer. Court holds that mere existence of an agreement for sale does not entitle a plaintiff to an interim injunction restraining the defendant from dealing with the property, especially when the agreement is not registered and the plaintiff's conduct shows delay.

2 Mar 2017

The plaintiff, Sukhwant Properties Pvt Ltd, filed a suit for specific performance of an agreement for sale dated 15th October 2010, by which the 1st d...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Allows Quashing of Proceedings in Cheque Dishonour Case Due to Lack of Vicarious Liability of Partners and Employees. Partners and employees not shown to be in charge of or responsible for conduct of business at time of offence under Section 138 of Negotiable Instruments Act, 1881.

10 Jul 2007

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) seeking quashing...

High Court

Bombay High Court Dismisses Petition Challenging Retrospective Penalty Under Section 69A of Indian Partnership Act, 1932 for Non-Intimation of Alterations. The court upheld the validity of the Maharashtra Amendment Act 29 of 1984 imposing retrospective penalty for failure to intimate changes in partnership deeds.

26 Sep 2006

The petitioners, M/s. Adamji Lookmanji & Co. and others, filed a writ petition challenging orders dated 25th April, 2005 and 12th October, 2004 passed...

High Court

Bombay High Court Quashes ESI Recovery Against Auction Purchaser in Deemed Transfer Case — Section 93-A of ESI Act Does Not Apply to Sales by Financial Corporation Under Section 29(2) of SFC Act. Auction purchaser of property from Maharashtra State Financial Corporation is not liable for prior owner's ESI arrears as the transfer is by operation of law and not by the employer.

21 Feb 2006

The petitioner, M/s. ANK Seals, a registered partnership firm, purchased a plot of land and building (U-149 in MIDC, Nagpur) in an auction sale conduc...

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