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Bombay High Court Dismisses Revision in Cheque Dishonour Case — Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted as accused failed to prove repayment of hand loan.

The case involves a criminal revision application filed by the accused, Manoj Ghansham Birla, against his conviction under Section 138 of the Negotiab...

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Bombay High Court Allows Sugar Mills' Challenge to Cess Notification on Sugarcane. State Notification Under Section 3 of Maharashtra Agricultural Produce (Development and Regulation) Act, 1965 Held Ultra Vires Due to Repugnancy with Sugarcane (Control) Order, 1966 Under Essential Commodities Act, 1955.

The petitioners, seven sugar mills in Maharashtra, challenged a Government notification dated 22.3.2018 issued under Section 3 of the Maharashtra Agri...

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Bombay High Court Allows Writ Petition Challenging Recovery from Pension for Alleged Overstay in Corporation Premises. Recovery of Accommodation Charges Without Notice and Opportunity Violates Natural Justice.

The petitioner, Smt. Shilpa Liladhar Tayare, a former employee of the Municipal Corporation of Greater Mumbai (MCGM), retired as Chief Inspector (Enqu...

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Bombay High Court Allows Appeals by Complainant's Widow in Cheque Dishonour Cases, Restoring Complaints Dismissed for Non-Prosecution. Held that the Magistrate erred in dismissing complaints under Section 256 CrPC without considering the death of the original complainant and the request for substitution.

The appellant, Smt. Nirmal Dewan, is the widow of Shri Trilok Dewan, who had filed three separate complaints against the respondent, Anand Shroff, all...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...