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Bombay High Court Allows Criminal Application Under Section 482 CrPC and Discharges Accused in Cheating Case. Lease Agreement Dispute Lacks Dishonest Intention Required for Section 420 IPC.

The applicant, Deepak Jaiswal, a director of M/s D.J. Enterprises Ltd., filed a criminal application under Section 482 of the Code of Criminal Procedu...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Based on Lease Agreement — Civil Dispute Not Attracting Section 420 IPC. The court held that the dispute was purely civil and lacked the essential ingredients of cheating under Section 420 IPC, as there was no initial dishonest intention.

The applicant, Prakash Ramdeo Jaiswal, a director of M/s. Shrihari Rice Mill & Agro Products Pvt. Ltd., filed a criminal application under Section 482...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Supreme Court Allows Appeal in Property Dispute Case — Review Jurisdiction Improperly Exercised by High Court. The Court held that the High Court's review order did not satisfy the grounds under Order 47 Rule 1 CPC and was an abuse of process.

The present appeal arises from a long-standing property dispute concerning premises No. 43, Prithviraj Road, New Delhi. The property originally belong...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...