Judgments
Reported decisions from the Bombay High Court and other courts in the archive. Sign in to read the full text and download a PDF.
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BOMBAY HIGH COURT (AURANGBAD BENCH)
27/06/2024
The Assistant General Manager, Stressed Assets Manager, State Bank of India & Ors vs Sow. Mangala w/o Pannalal Murkya & Ors
Civil Procedure Code, 1908 - Order 7 Rule 11 ? Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 ? Rejection of plaint ? Application for rejection of plaint…
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BOMBAY HIGH COURT (GOA BENCH)
26/06/2024
Mr. Jose Antonio Fernandes vs VPK Urban Co-op Credit Society Ltd
Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Dishonour of cheque ? Liability to repay the loan - Presumption - Trial found that cheque was signed by accused and therefore, the presumption under Section 139 i…
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BOMBAY HIGH COURT
10/06/2024
M/s. Paper Box Company of India vs Cosmos Co-operative Bank Ltd. & Ors
[A] Transfer of Property Act, 1882 - Sections 53-A, 54 and 55 - Maharashtra Co-Operative Societies Act, 1960 ? Section 95(3) ? Civil Procedure Code, 1908 ? Order 38 Rule 5 and Order 39 Rules 1 and 2 ? Recovery of outstan…
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BOMBAY HIGH COURT
10/05/2024
Kores (India) Ltd vs Ashish Kumar Ahooja & Ors.
Negotiable Instruments Act, 1881, Sections 139 and 138 ? Appeal against acquittal - Liability and issuance of cheques - Rebuttal of presumption - All the cheques were dishonoured for the reason 'payment stopped by the dr…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
06/05/2024
Rajendrakumar Aatmaram Agarwal vs The State of Maharashtra & Ors
Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 2000 - Sections 2(d), 3 - Banking Regulation Act, 1949 - Section 56(a) ? Criminal Procedure Code, 1974 - Section 482 - (BNSS 2023, Sect…
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SUPREME COURT
24/04/2024
H. Rajasekhara vs U.K. Mahesh
Negotiable Instruments Act, 1881 Section 138 ? Appeal against conviction ? Cheque given by accused was dishonoured - Presumption of innocence ? Complainant stated that he had advance a hand loan to respondent/accused ? T…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
10/04/2024
Dr. Gopalrao Eknathrao Jagtap vs Ramdas s/o Vithal Patil & Ors.
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal - Legally enforceable debt ? Burden of proof - Accused has outright denied hand loan - Burden was on the complainant to prove giving hand loan ? H…
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SUPREME COURT
09/04/2024
M/s Rajco Steel Enterprises vs Kavita Saraff and Another
Negotiable Instruments Act, 1881 ? Sections 138 and 139 ? Appeal against acquittal ? Discharge of legally enforceable debt ? Existence of debt ? Proof of ? Prosecution failed to establish existence of debt ? Presumption …
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SUPREME COURT
08/04/2024
Raj Reddy Kallem vs The State of Haryana & Anr.
[A] Negotiable Instruments Act, 1881 - Section 147 ? Indian Penal Code, 1860 - Sections 406, 420, and 120B - (BNS 2023, Sections 316 (2), 318(4) and 61(2)) - Compounding of the offence ? Consent of appellant to compound …
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BOMBAY HIGH COURT
05/04/2024
Mrs. Preeti Shetty vs State Bank of India & Ors
Recovery of Debts Due To Banks And Financial Institutions Act, 1993 - Sections 18 and 29 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 ? Civil Procedu…
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APPEAL AGAINST ACQUITTAL – LEGALLY ENFORCEABLE DEBT – PROOF OF
02/04/2024
Kusvaah Triveni Prasad vs Shinde Dattatray Satu
Negotiable Instruments Act, 1881 - Sections 118 and 139 ? Appeal against acquittal ? Legally enforceable debt ? Proof of - Complainant has to prove legally enforceable debt ? Complainant has not fortified his contentions…
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SUPREME COURT
02/04/2024
Prem Raj vs Poonamma Menon & Anr
Negotiable Instrument Act, 1881, Section 138 ? Appeal against conviction ? Dishonour of cheque ? Conflict of findings between the civil and criminal courts ? Recovery suit dismissed by civil court but convicted by crimin…
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