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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

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Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC.

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 19...

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High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

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High Court of Karnataka Directs Bank to Unblock Family Pension Account of Widow Due to Absence of Fault and Violation of Natural Justice. Recovery of excess pension cannot be unilateral and must follow due process of law; blocking of entire account without notice causes hardship to pensioner.

The petitioner, a 62-year-old widow, received family pension following the death of her husband, a Second Division Assistant who died in harness in 20...

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Supreme Court Allows Appeal in Cooperative Bank CEO Appointment Dispute — Upholds Apex Society's Power to Depute Cadre Officers. Section 54(3) of Chhattisgarh Co-Operative Societies Act, 1960 obligates District Central Cooperative Bank to accept CEO deputed by State Cooperative Bank from its cadre.

The dispute arose from the appointment of the Chief Executive Officer (CEO) of the first respondent, Zila Sahkari Kendriya Bank Maryadit, a District C...

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Bombay High Court Allows Writ Petition of Bank Employees' Union; Quashes Recall Order Denying Compensation. Employees Who Opted for Voluntary Retirement Before Bank Liquidation Held Entitled to Payment as Employment Relationship Continues Until Full Settlement.

This writ petition under Article 226 of the Constitution of India was filed by a trade union representing 55 employees of Solapur Nagari Audyogic Saha...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...