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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Supreme Court Upholds Refund Order in Unfair Trade Practice Case, Denies Specific Performance. Forfeiture of Earnest Money Upheld Due to Buyer's Default Under Clause 10 of Plot Buyer's Agreement.

The appellant, Sudha Gupta, filed an appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restric...

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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.

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

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Court holds that presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature of cheque are admitted, and accused failed to rebut the presumption.

The appellant, Ranjit Singh Sethi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abdul Jalil Sha...