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Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...

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Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

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Bombay High Court Allows Revision Application and Discharges Accused in Bombay Money-Lenders Act Case — Single Loan Transaction Not Sufficient to Constitute Money-Lending Business Under Section 5 of Bombay Money-Lenders Act, 1946.

The petitioners, nine family members, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure,...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

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Bombay High Court Quashes Section 420/511 IPC Charges in Money Lending Case Due to Absence of Deception. Default in Loan Repayment Does Not Constitute Cheating Under IPC When Initial Intention to Repay Existed.

The petitioner, Ramesh Babulal Chaudhari, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) seeking quashing of FIR No. 3...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...