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High Court of Bombay Makes Rule Returnable in Writs Seeking Compliance with RBI Master Circular on Loan Restructuring. Petitioners Allege Inability to Comply with Loan Obligations Due to Telecom Industry Downturn, Seek Direction to Banks Under Paragraph 6.4 of RBI Master Circular Dated 1 July 2015.

The petitioner in Writ Petition No. 1893 of 2019, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, filed a writ petit...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

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High Court of Karnataka Quashes Demolition Order Against Partnership Firm in BBMP Property Dispute — Lack of Proper Notice and Violation of Natural Justice. Demolition of Building Without Giving Opportunity of Hearing Held Illegal Under Karnataka Municipal Corporations Act, 1976.

The petitioners, M/s. Raghava Reddy and Associates, a partnership firm, along with its partners, filed writ petitions under Articles 226 and 227 of th...

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Bombay High Court Allows Writ Petitions Challenging GST Detention Orders for Lack of Proper Adjudication. Detention orders under Section 129 of the Maharashtra Goods and Services Tax Act, 2017 quashed for violating natural justice as no opportunity of hearing was given and orders were unreasoned.

The petitioner, Bharat Co Operative Bank Mumbai Ltd, filed two writ petitions challenging detention orders passed by the Deputy Commissioner of State ...

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Bombay High Court Allows Writ Petition Challenging Eligibility Condition for Settlement Commission Applications Under Income Tax Act, 1961. The court held that a press release and notification imposing a cut-off date for eligibility to file settlement applications were ultra vires the Act.

The petitioner, a company engaged in sugar and ethanol business, was subjected to a search under Section 132 of the Income Tax Act, 1961 on 25.07.2019...

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High Court of Karnataka Quashes Cognizance Order Against Bank Officials in Cheating Case Due to Lack of Prima Facie Evidence of Dishonest Intent. Allegations of Criminal Conspiracy and Forgery Against Retired Bank Managers Dismissed as Civil Dispute Over Loan Sanction.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 2...