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)
15/02/2024
Subhadrabai w/o Shivdas Kamble vs Manoj s/o Bapurao Shinde
Negotiable Instruments Act, 1981 - Section 138 ? Appeal against acquittal ? Re-appreciation of evidence ? Held, when complainant has apparently failed to pinpoint actual dues towards accused, it cannot be for sure said t…
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SUPREME COURT
14/02/2024
Rajesh Viren Shah vs Redington (India) Limited
Negotiable Instruments Act, 1881 - Sections 138, 141 and 144 ? Criminal Procedure Code, 1973 ? Section 482 ? (BNSS 2023, Section 528) - Liability of director of company for non-realisation of cheque - Whether a Director…
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BOMBAY HIGH COURT (GOA BENCH)
12/02/2024
Vpk Urban Cooperative Society Ltd. & Ors. vs Shri Sidheshwar Janardhan Surlakar & Ors
Negotiable Instruments Act, 1881, Sections 138 and 139 ? Appeal against acquittal ? Accused was default in payment of loan amount - Magistrate observed that presumption under section 139 of the Negotiable Instruments Act…
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BOMBAY HIGH COURT (NAGPUR BENCH)
09/02/2024
Supreme Agro Trade & Ors. vs State of Maharashtra & Ors
Recovery of Debts and Bankruptcy Act, 1993 - Section 18 ? Banking Regulation Act, 1949 ? Section 5(c) -Maharashtra Co-operative Societies Act, 1960 - Section 101 ? Recovery proceedings ? Challenge to grant recovery certi…
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BOMBAY HIGH COURT
08/02/2024
Deepak Bhagwandas Raheja vs Tikamdas & Associates
Negotiable Instruments Act, 1881 - Section 138 - Money Lending Act, 2014 ? Sections 2(3), 2 (13) (j) and 13 - Suits by money-lenders not holding licence - Single Judge, allowed the Summons for Judgment and directed the D…
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SUPREME COURT
07/02/2024
SULAIMAN vs SULAIMAN FAIZI
Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Appeal against acquittal ? Rebuttal of Presumption - Trial Court held that the presumption u/s 139 of the NI Act was rebutted by appellant ? Held, presumption und…
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BOMBAY HIGH COURT
06/02/2024
Shishir Agarwal vs Brescon Partners LLP and Anr
Negotiable Instruments Act, 1881 - Section 138 ? Prosecution against joint account holder ? Joint liability to pay debt - Impermissibility of ? Process issued against petitioner by trial court - Held, under Section 138…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
06/02/2024
Ma. Mukhya Lekha Va Vitta Adhikari, (Chief Accounts and Finance Officer), Zilla Parishad, Jalna vs Mr. Gangadhar Sukhdev Sapate & Ors.
Negotiable Instruments Act, 1881 - Sections 138, 118 and 139 ? Leave to appeal ? Cheque dishonoured - Acquittal of respondents by trial court on the ground of variance in the amount due and cheque amount- Trial Judge acq…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
01/02/2024
Chandrala Motors a partnership firm vs Ayyub Kasam Shaikh
Negotiable Instruments Act, 1881 - Sections 138, 118 and 139 ? Appeal against acquittal - Cheque dishonour case - Legal enforceable debt ? Burden of proof ? Trial court acquitted the accused and held that accused rebutte…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
30/01/2024
M/s. Shrikant Agency vs Hemant Vishnumal Devani & Ors.
Negotiable Instruments Act, 1881 - Section 138 ? Leave to file appeal ? There was no dispute about transaction, issuance of cheque or signature ? Validity of second notice ? Held, cheque can be presented more than once d…
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BOMBAY HIGH COURT
30/01/2024
Shri. Shailesh Vishwanath Jambhale vs The General Manager, State Bank of India & Ors
Constitution of India, 1950 - Articles 226 and 227 ? Title and search report submitted by Advocate ? Discharging professional duties by advocate - Whether the Petitioner could be held to be negligible so as to be placed…
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BOMBAY HIGH COURT (GOA BENCH)
23/01/2024
Mr Reggie Fernandes vs Miss Shanta C. Kolvalkar & Ors
Negotiable Instruments Act (26 of 1881) - S. 138 and 139 ? Revision against the concurrent findings of below courts ? Scope of - Magistrate as well as First Appellate Court concluded that accused/applicant failed torebut…
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