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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's unconditional leave to defend application is not maintainable as no triable issues raised.

The plaintiff, M/s. Gini Silk Mills Ltd, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

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Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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Bombay High Court Quashes FIR in Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute. Dispute Arising from Business Transaction Does Not Attract Sections 406 and 420 IPC When Ingredients Are Not Made Out.

The petitioner, Jitendra Nathmal Joshi @ Sharma, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quas...

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Bombay High Court Allows Clubbing of Three Cheque Dishonour Complaints Under Section 138 NI Act for Joint Trial. Common Transaction and Same Parties Justify Consolidation to Avoid Multiplicity of Proceedings.

The petitioner, Smt. Sumedha Chitpur, an advocate practicing at District and Sessions Court, Latur, filed a criminal writ petition under Articles 226 ...