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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...

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High Court of Karnataka Allows Petitioner's Challenge Against Rejection of Prospecting Licence Application Under Section 10-A of Mines and Minerals Act. Application Filed Before Amendment Not Rendered Ineligible as It Was Pending When Amendment Came Into Force.

The petitioner, M/s J K Cement (Western) Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order d...

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High Court of Bombay Hears Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996. Award of 14 January 2006 on Share Valuation Under Clause 7 of Protocol Agreement Challenged on Grounds of Jurisdiction and Legality of the Agreement.

The matter arose from a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Western Maharashtra Development Corpn. Ltd. c...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case for Lack of Territorial Jurisdiction. Court holds that the offence under Section 138 of the Negotiable Instruments Act, 1881 is committed at the place where the cheque is presented and dishonoured, not where the cheque is drawn or the notice is served.

The petitioner, Jagdish Khodke, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of Criminal Case No. 15...

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Bombay High Court Upholds Existence of Arbitration Clause in Draft Film Distribution Agreement, Appoints Sole Arbitrator. Draft Agreement and Correspondence Constituted Valid Arbitration Clause Under Section 7 of Arbitration Act, 1996, as Per Trimex International Precedent.

The applicant, Heera Laxmi Amusements Private Limited, a film distributor, filed a Miscellaneous Civil Application under Section 11 of the Arbitration...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Bank Guarantee Dispute — Exclusive Jurisdiction Clause in Contract Confers Jurisdiction on Chennai Courts. Plaintiff L&T's Suit Challenging Invocation of Performance Bank Guarantee Dismissed as Bombay High Court Has No Territorial Jurisdiction.

The plaintiff, Larsen & Toubro Limited (L&T), filed a suit in the Bombay High Court seeking a declaration that the invocation of a Performance Bank Gu...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...