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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

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High Court of Karnataka Dismisses Ex-Husband's Petition in Execution of Maintenance Decree for Muslim Divorced Wife. Court Emphasizes Expeditious Execution of Maintenance Decrees and Lamented Two-Decade Delay.

The case involves a writ petition filed by Ezazur Rehman, the ex-husband, challenging an order on I.A.No.10 passed by the I Additional Principal Famil...

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Bombay High Court Upholds Life Imprisonment for Son Convicted of Murdering Mother Based on Circumstantial Evidence. Conviction under Section 302 IPC confirmed as chain of circumstances including motive, last seen, and recovery of weapon was complete and consistent with guilt.

The appellant, Suryakant J. Gawde, was convicted by the Additional Sessions Judge, Panaji, sitting at Ponda, Goa, for the murder of his mother, Smt. S...

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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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Bombay High Court Allows Appointment of Arbitrator in Iron Ore Sale Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Court holds that existence of arbitration clause in MOU and failure of respondent to appoint arbitrator entitles applicant to seek court's intervention.

The applicant, M/s. Hira Steel Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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Bombay High Court Dismisses Petition Seeking Refund and Directions in Income Tax Matter as Appeal Already Decided by Tribunal. Tribunal had remanded the matter to Assessing Officer for fresh adjudication, rendering the petition infructuous.

The petitioner, Manubhai Harvondas Patel, filed a writ petition before the Bombay High Court seeking refund of Rs.8,23,999/- plus Rs.17,03,704/- along...