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High Court

Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree — Valid Service of Demand Notice and Application of Section 12(3)(a) of Bombay Rent Act Upheld. Tenant's refusal of notice and monthly tenancy established; Appellate Court's findings not perverse.

13 Sep 2024

The petitioners, Gorakh Rambhau Chothve and Jalinder Rambhau Chothve, were defendants in a suit for eviction and arrears of rent filed by the responde...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

26 Jul 2024

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

High Court

Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

31 Jan 2024

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence.

25 Jun 2021

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the...

High Court

Bombay High Court Quashes Ex-Parte Assessment Orders in MVAT and CST Case for Violation of Natural Justice — Assessment Orders Passed Without Considering Petitioner's Submissions and Without Granting Personal Hearing. The court held that the assessing officer must consider the assessee's response and grant a hearing before passing assessment orders, even if limitation is expiring.

30 Apr 2021

The petitioner, Greatship (India) Ltd., a company engaged in providing specialized services to oil and gas exploration and production entities, filed ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

5 Feb 2021

The case arises from a motor accident claim filed by the legal heirs of Devidas Gujarathi, who died in a road accident on 28th September 2012. The dec...

High Court

Bombay High Court Allows Guarantor's Petition in RDB Act Execution Case — Notice Under Section 31A Mandatory. Failure to Serve Notice on Judgment Debtors Before Issuing Recovery Certificate Violates Natural Justice and Section 31A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

14 Jun 2017

The petitioner, Dr. Sudhakar Borkar, was a guarantor to a loan taken by respondent No.5 (M/s R & S Enterprises) from respondent No.1 (State Bank of In...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case for Lack of Specific Allegations. Vicarious Liability Under Section 141 of Negotiable Instruments Act Requires Specific Averments of Role in Company Affairs.

14 Aug 2015

The case involves a criminal complaint filed by respondent No. 1 (complainant) under Section 138 read with Section 141 of the Negotiable Instruments A...

High Court

High Court Allows Appeal in Cheque Dishonour Case Due to Non-Examination of Key Witness and Improper Appreciation of Evidence. The court held that the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted and the notice was validly sent after the second dishonour.

1 Dec 2011

The appellant, Navneetdas Narayandas Barshikar, the original complainant, filed an appeal against the judgment and order of acquittal dated 16th Augus...

High Court

High Court of Bombay at Panaji Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused's Defence of Security Deposit. The court held that the accused failed to prove on preponderance of probabilities that the cheques were given as security deposit, and the presumption that they were issued for discharge of a debt or liability stood.

21 Sep 2006

The complainant, Ajay Shetty, proprietor of M/s. Pride Industries, filed two complaints against the accused, Savio Faria, proprietor of Grace Marketin...

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