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High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

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High Court Upholds Acquittal in Negotiable Instruments Act Case Due to Failure to Prove Legal Enforceability of Debt. The Court Found That Presumption Under Section 139 Did Not Extend to Legal Liability as Complainant Could Not Prove Partnership Profits Through Profit and Loss Account or Balance Sheet.

This was a criminal appeal filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 against the judgment of acquittal passed...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Purely Civil Nature of Dispute — Non-Payment of Dues Does Not Attract Criminal Breach of Trust Under Section 406 IPC.

The Supreme Court allowed the appeal filed by Delhi Race Club (1940) Ltd. and its office bearers against the order of the Allahabad High Court which h...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement for Sale of Basement Premises. Agreement Not Proved and Relief Barred by Limitation and Doctrine of Part Performance.

The plaintiffs, a partnership firm, filed a suit for specific performance of an oral agreement dated 30.11.1977 for the purchase of a basement-cum-god...