Search Results for "surety liability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "surety liability"

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High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

High Court

Bombay High Court Allows Interim Application for Impleadment in Writ Petition Concerning Demolition of Building — Applicant Claims Ownership of Flat and Seeks to Protect Possession. The court held that the applicant has a direct interest in the property and should be heard before any order affecting his rights is passed.

13 Dec 2023

The judgment pertains to an interim application filed by Nagesh Madhava Suvarna seeking impleadment in a pending writ petition. The writ petition was ...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Legally Enforceable. Complainant failed to establish that the loan was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881 as the accused successfully rebutted the presumption of debt.

11 Jul 2023

The case pertains to a criminal revision application filed by the original complainant, Kalidas Vishwanath Gore, against the acquittal of the accused,...

High Court

High Court of Bombay at Goa Upholds Conviction for Murder and Destruction of Evidence in Brutal Killing of Mentally Challenged Victim. Life Imprisonment and Fine Affirmed Based on Circumstantial Evidence Including DNA, Recovery of Weapon, and Motive of Insurance Fraud.

25 Jan 2019

The appellant, Janardhan Kokre, was convicted by the Sessions Judge, South Goa, for the murder of Dilip Sadashiv Naik, a mentally challenged person, u...

High Court

Bombay High Court Quashes Disqualification of Director in Cooperative Society Case — Loan Default Not Proven as Wilful Default Under MCS Act. Disqualification under Sections 73(CA)(1)(i) and 78(A)(1)(b) of Maharashtra Co-operative Societies Act, 1960 set aside as petitioner had cleared arrears and no notice or opportunity was given before disqualification.

7 Aug 2018

The petitioner, Umesh Mukundrao Apte, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order dated ...

High Court

Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

13 Mar 2018

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

High Court

Bombay High Court Allows Petition in Part Challenging Labour Court Order Under Section 33C(2) of Industrial Disputes Act — Special Allowance and Dearness Allowance Claims Rejected for Head Office Employee Not Covered by Factory Award. The Court held that the award applied only to factory workmen and that special allowance is part of minimum wages not separately payable when total wages exceed minimum wages.

7 Feb 2017

The Petitioner, M/s. Polypharma Pvt. Ltd., a company engaged in manufacturing laboratory and fine chemicals with factories at Saravali and Thane and h...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

High Court

Bombay High Court Allows Wife's Application to Sell Matrimonial Home and Directs Husband to Pay EMIs in Family Court Dispute. The court held that the husband is liable to pay EMIs as maintenance and the wife may sell the property with court supervision to protect the matrimonial home from bank action under the Securitisation Act.

20 Mar 2013

The writ petition arose from an order of the Family Court No.7, Mumbai dated 23rd August 2011, which rejected the wife's application for direction to ...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Security for Loan — Blank Cheque Given as Security Does Not Absolve Liability if Debt Exists

4 Mar 2005

The petitioner, Chandrakant Laxman Kerkar, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque for Rs. 6...

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