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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SUPREME COURT
22/01/2024
Bombay Mercantile Cooperative Bank Ltd. Through Its Authorized Signatory vs M/s. U.P. Gun House & Ors
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(2) and 14 ? Security Interest (Enforcement) Rules, 2002 ? Rules 8 and 9 ? Constitution of India ? Article…
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SUPREME COURT
22/01/2024
Atamjit Singh vs State (NCT of Delhi) & Anr
Negotiable Instruments Act, 1881 - Section 138 ? criminal Procedure Code, 1973 ? Section 482 - (BNSS 2023, Section 528) - Quashment of criminal proceedings ? Time barred debt - Scope of interference by the High Court in …
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BOMBAY HIGH COURT
16/01/2024
Breach Candy Hospital Trust vs Manoj Biyani & Ors.
[A] Negotiable Instruments Act, 1881 - Section 138 ? Evidence Act, 1872 ? Section 138 ? Criminal Procedure Code, 1973, Section 311 - (BNSS 2023, Section 348) - Re-examination of witness ? Scope of ? Application to re-exa…
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BOMBAY HIGH COURT (AURNGABAD BENCH)
16/01/2024
Rajkumar Indrachand Kothari vs State Of Maharashtra And Another
Indian Penal Code, 1860 ? Sections 406, 409, 420, 465, 467, 468, 471, 477-A, 120-B r/w section 34 ? (BNS 2023, Sections 316(2), 316(5), 318(4), 336(2), 338, 336(3), 340(2), 344, 61(2) r/w Section 3(5)) - Anticipatory bai…
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BOMBAY
15/01/2024
Neel Dharia through his Power of Attorney Holder : Shri. Kiran Kantilal Dharia - Appellant vs The State of Maharashtra & Ors. - Respondents
A. Negotiable Instruments Act, 1881 - Section 138 - Indian Contract Act, 1872 - Section 25(3) ? Appeal against acquittal ? Legally enforceable debt - Promise to pay time barred debt becomes a valid Contract ? Held, promi…
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BOMBAY HIGH COURT
15/01/2024
Niketan Finance Limited vs Mrs. Ayeshabi Abbas Mamtuley & Ors
Negotiable Instruments Act, 1981 ? Section 138 ? Appeal against acquittal ? Dishonour of cheque - Trial Court acquitted the first respondent of the offence punishable u/s 138 of the NI Act on the ground that there are ce…
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BOMBAY HIGH COURT
12/01/2024
Deshpande Wedding Hall Through Prop. Sau. Pratiobha Shriniwas Deshpande - vs Swami Samrath Krishi Agaency through Prop. Shri Shantaram Balkrishna Gade & Ors.
Negotiable Instruments Act, 1881 - Sections 138, 118(a), and 139 - Appeal against acquittal ? Discharge of legally enforceable debt - Presumption ?? Accused acquitted by trial court on ground of complainant failed to est…
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BOMBAY HIGH COURT
10/01/2024
Dinesh Pahilajrai Badlani vs M/s Sheeba Kuries Ltd.
[A] Negotiable Instruments Act, 1881 ? Sections 118 and 138 ? Revision against order of conviction ? Cheque issued by accused towards arrears in chit fund contribution ? Cheque was dishonoured - Trial Court concluded tha…
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BOMBAY HIGH COURT
19/12/2023
Arti Rajesh Karangutkar vs Anna Rocky Fernandes & Ors
Negotiable Instruments Act, 1881 - Sections 118, 138 and 139 - Income Tax Act, 1961 ? Sections 269-SS and 271 ? Appeal against acquittal - Dishonour of Cheque - Appellant had proved beyond doubt as regards advance of Rs.…
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BOMBAY HIGH COURT
04/09/2023
The Gadhinglaj Urban Co-operative Bank vs Pooja Ravikumar Nidasoshi & Ors.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) ? S. 13, S. 17, S. 34 -Security Interest (Enforcement) Rules, 2002 ? Rule 9 -Transfer of Property Act, 1882 …
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BOMBAY HIGH COURT
03/07/2023
Balaji Constructions, partnership firm vs Dattatraya Bapurao Ghadage & Ors.
[A] Negotiable Instruments Act, 1881 - S.138 - Partnership Act, 1932 - S.69(2) ? Dishonour of cheque - Appeal against acquittal - Maintainability of the complaint by unregistered firm ? Held, bar under Section 69(2) of I…
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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI
12/06/2023
Anil Milkhiram Goyel & Anr. vs Hongkong and Shanghai Banking Corporation Limited
Consumer Protection Act, 1986 ? Sections 2(1)(g), 14(1)(d), 21(a)(i) ? De-freezing of saving account ? Deficiency in service by Bank ? Complainant sought de-freeze joint Saving Bank Account and allow all normal operation…
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