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Bombay High Court Allows Quashing of Criminal Proceedings in Investment Dispute — Dispute Held Civil in Nature. Section 482 Cr.P.C. Application Allowed as Allegations Do Not Disclose Offences Under Sections 406, 420 IPC.

The applicant, Nandkishor Eknath Kothawade, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order...

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Bombay High Court Dismisses Appeal of Convicted Murderer Under Section 302 IPC. Eyewitness Testimony and Medical Evidence Sufficient to Sustain Conviction for Murder.

The appellant, Subhash Shamrao Gaikwad, was convicted by the Additional Sessions Judge, Pune, for the offence of murder under Section 302 of the India...

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Bombay High Court Allows Petition of Sarpanch Challenging Removal Under Maharashtra Village Panchayats Act — Appellate Order Set Aside for Non-Application of Mind. Minister Failed to Consider Petitioner's Submissions, Violating Principles of Natural Justice Under Section 39(3) of the Act.

The petitioner, Vilas Bhagwat Jagtap, was elected as Sarpanch of Village Panchayat Mudegaon in October 2017. Due to political rivalry, respondent no. ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Notice sent by UPC (Under Postal Certificate) held insufficient to constitute valid service under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Rushikesh Hanumant Sutar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FI...

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Bombay High Court Dismisses Petition of Slum Dweller for Profiteering from Slum Rehabilitation Tenement. Illegal Transfer and Commercial Use of Residential Premises Under Maharashtra Slum Areas Act, 1971 Upheld Eviction.

The petitioner, Rajendra R. Vishwakarma, was a slum dweller who received tenement no. 104 in 'A' wing of New Prabhat Cooperative Housing Society Ltd, ...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Sets Aside Attachment of Property Based on Prior Agreement for Sale. Applicant's Ownership Established Through Agreement Dated 9.1.2002 and Possession Before Decree, Property Released from Attachment.

The present chamber summons was taken out by Bhagwant Kaur Suri, proprietor of M/s. Beekay Enterprises, seeking to set aside the warrant of sale and r...

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold — Defendant Denies Proprietorship and Receipt of Goods. The court held that the defendant raised triable issues under Order 37 CPC, entitling him to unconditional leave to defend.

The plaintiff, Mrs. Neelam M. Gurdasani, filed a summary suit against the defendant, Mr. Vimalbhai, for recovery of Rs. 85,500/- with future interest ...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Complaint Not Filed by Payee Company. The complaint was filed by an individual who was not the payee or holder in due course, rendering the prosecution invalid under Section 142(a) of the Negotiable Instruments Act, 1881.

The appellant, Bhupesh Rathod, filed a complaint against respondent no.1, Dayashankar Prasad Chaurasia, alleging an offence under Section 138 of the N...

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High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...