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Bombay High Court Allows Writ Petition Challenging Corrigendum to Tender Condition for Supply of Liquid Chlorine Gas. Court holds that modification of tender condition requiring storage plant within 150 km periphery of Mumbai City was arbitrary and unreasonable, and quashes the corrigendum.

The petitioner, G. S. Commercial Corporation, challenged a corrigendum dated 11th August 2023 issued by the Municipal Corporation of Greater Mumbai (M...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Quashes Absorption Order in Favor of Municipal Corporation in Contract Labour Dispute — Industrial Court's Direction to Absorb Contract Workers Without Proper Adjudication of Employer-Employee Relationship Set Aside.

The Kalyan Dombivali Municipal Corporation filed a writ petition challenging an Award dated 12 January 2017 passed by the Industrial Court, Thane. The...

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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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High Court of Karnataka Quashes Proceedings Against Directors in Cheque Dishonour Case — Directors Not in Charge of Company Affairs at Relevant Time. Section 138 NI Act Liability Requires Active Role in Business; Vicarious Liability Not Automatic for All Directors.

The petitioners, Heena Thirumali Sateesh and Hanumanth Inamdar, were directors of Hoysala Projects Private Limited. The respondent, M/s Minimelt Engin...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Allows Petitions Challenging Seizure of Vehicles Under Maharashtra Prohibition Act, 1949 — Held That Seizure Without Notice and Hearing Violates Principles of Natural Justice and Section 105 of the Act Requires Show-Cause Notice Before Confiscation.

The judgment concerns a batch of writ petitions filed by owners of vehicles that were seized by the State Excise Department under Section 105 of the M...

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High Court of Karnataka Upholds Labour Court Order in Industrial Dispute Regarding Canteen Workers' Status as Workmen of Principal Employer. Canteen workers employed through contractor held to be workmen of BEML Limited under Industrial Disputes Act, 1947 due to statutory obligation to provide canteen.

The case involves two appeals filed by BEML Limited (formerly Bharat Earth Movers Ltd.) and the President of Mysore Division General Labour Associatio...