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)
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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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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