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Bombay High Court Dismisses Discharge Application of Accused in Bank Fraud Case Due to Prima Facie Evidence of Conspiracy. Court holds that charge-sheet allegations sufficiently indicate involvement of accused no.5 in criminal conspiracy and misappropriation of bank funds under IPC and PC Act.

The applicant, original accused no.5, filed a criminal application under Section 482 Cr.P.C. challenging the order dated 13/08/2018 passed by the Spec...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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High Court of Bombay Hears Section 34 Petition Concerning Forfeiture of Bid Securities in Tender Process. The Petition Questions Whether the Arbitrator Correctly Interpreted Clause 19.6 of the Tender Instructions and the Law on Bank Guarantees.

The dispute arose out of a tender process floated by the Maharashtra State Electricity Distribution Company Limited for supply, construction, and comm...

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High Court of Bombay at Goa Discharges Accused in Cheating Case — No Deception Where Complainant Knowingly Participated in Illegal Transaction. Ingredients of Section 420 IPC Not Made Out as Complainant Was Aware of the Illegal Purpose of Payment.

The petitioner, Mr. Ashok Haldankar, filed a Criminal Writ Petition under Article 227 of the Constitution read with Section 482 CrPC challenging the o...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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Bombay High Court Dismisses Discharge Application of Accused in Bank Fraud Case Due to Prima Facie Evidence of Conspiracy. Allegations of conspiracy between bank officials and partners of a firm to sanction credit facilities beyond limits and misappropriate funds under IPC and PC Act warrant trial.

The applicant, original accused no.5, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dat...

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Bombay High Court Admits and Finally Disposes of Writ Petition Challenging RBI Circulars on Gold Import. Court Hears Arguments on Validity of Circulars Issued Under FEMA and Related Trade Policy.

The petitioners, a bullion dealing company and its directors, filed a writ petition under Article 226 of the Constitution seeking to quash RBI Circula...