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 (AURANGABAD BENCH)
01/04/2024
Lalit Narayan Thakkar vs Narendra Gajanan Sharma
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal ? Competency to file complaint - Trial Court reached to a finding that complainant failed to prove his case beyond reasonable doubt, complainant f…
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BOMBAY HIGH COURT (NAGPUR BENCH)
20/03/2024
Vidhi W/o Manoj Pandit & Ors vs State of Maharashtra & Ors
Maharashtra Co-operative Societies Act, 1960 ? Section 101 - Maharashtra Co-operative Societies Rules, 1961 - Rules 86A to 86F ? Constitution of India, 1950 - Article 226 ? Recovery proceedings ? Recovery certificate iss…
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BOMBAY HIGH COURT
14/03/2024
The Official Liquidator, High Court, Bombay of Sundeep Polymers Pvt. Ltd. & Ors. vs The State of Maharashtra through its Secretary, Co-operation Department & Ors.
Maharashtra Co-operative Societies Act, 1960 ? Sections 91, 101 and 154(2A) - Recovery proceedings - Scope of jurisdiction of competent authority ? Recovery certificates were cancelled by Assistant Registrar ? Assistant …
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BOMBAY HIGH COURT
07/03/2024
S. Selvakumari Perulmal vs Kaushal Realtors Pvt. Ltd. & Ors
Negotiable Instruments Act, 1881 ? Sections 138(b) and 141(a) ? Appeal against acquittal - Whether the statutory notice was issued to proper person - There was basic flaw in the requirement of issuance of notice to drawe…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
05/03/2024
Osmanabad Janta Sahkari Bank Ltd. Throgh Its Authorized Officer vs The Collector District Magistrate and Others
Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 - Sections 14 and 17 ? Auction Sale Proceedings - Restoration of the physical possession of the property - Tribunal has…
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BOMBAY HIGH COURT
04/03/2024
Hiren Ashwin Shah vs State of Maharashtra and Anr
Negotiable Instruments Act (26 of 1881) - S. 138 ? Limitation Act, 1963, S. 5 ? Condonation of delay in filing complaint ? Sufficient cause - 1259 days delay in filing complaint has been condoned by trial court - Metropo…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
28/02/2024
Vardhman Gramin Bigarsheti Sahakari Patsanstha Limited, Vakadi vs Sudhir s/o Sanjay Pawar
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal ? Legally enforceable debt ?Complainant has to establish that the amount reflected on the cheque is legal dues and enforceable - Once there is var…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
28/02/2024
The Maharashtra Agro Industries Development Corporation Ltd. vs Kakde Krishi Seva Kendra & Ors
Negotiable Instruments Act, 1881 - Sections 118, 138 and 139 ? Appeal against acquittal - Legally enforceable debt ? Whether proved ? Cheques were dishonoured and returned by the bank with remark ?refer to drawer? - Stat…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
27/02/2024
Narhari Vithalrao Dahe vs Sudam Gangaram Dahe
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal ? Dishonour of cheque ? Presumption successfully rebutted by accused ? It was contended that loan has been given to accused ? When exactly and at …
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BOMBAY HIGH COURT (GOA BENCH)
26/02/2024
Narayan Shivdas Kadam vs M/S Shriram Transport Finance Co. Ltd
Negotiable Instruments Act, 1881 - Ss. 139 and 145(2) ? Criminal Procedure Code, 1973 ? Section 482 - (BNSS 2023, Section 528) ? Constitution of India ? Articles 226 and 227 ? Cross examination of complainant ? Right of …
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BOMBAY HIGH COURT
23/02/2024
The Liquidator, Rupee Co-Operative Bank Ltd. & Ors. vs The State of Maharashtra & Ors
Maharashtra Co-operative Societies Rules 1961- Rules 13, 14 and 107(11), (13) and (14) - Maharashtra Co-operative Societies Act, 1961 - Section 154 (2A) - Auction proceedings - Auction of the secured property of the orig…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
21/02/2024
M/s. Vinod Agencies, New Mondha & Ors. vs Sayyed Yusuf Sayyed Mehmood
Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Leave to prefer appeal against order of acquittal ? Trial Judge dismissed the complaint accepting the defence holding that presumption has been rebutted ? Cheque …
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