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Bombay High Court Disposes of Four Petitions Under Section 9 of Arbitration Act by Common Order. Interim Measures Sought by Financing Company Against Borrower and Guarantor for Default in Loan Repayments Secured by Hypothecated Equipment.

L&T Finance Limited, a company registered under the Companies Act, 1956, filed four petitions under Section 9 of the Arbitration and Conciliation Act,...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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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 ...

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Gujarat High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Examination of Complainant. Held that Section 138 NI Act complaint cannot be dismissed solely because complainant fails to appear for cross-examination; court must consider other evidence on record.

The appellant, Manojkumar Jivanlal Prajapati, filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment ...

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Bombay High Court Upholds Disciplinary Action Against Chartered Accountant for Misappropriation and Fabrication of Documents. Institute of Chartered Accountants of India's Reference under Section 21(v) read with Section 22 of the Chartered Accountants Act, 1949 Allowed.

The Institute of Chartered Accountants of India (ICAI) made a reference to the Bombay High Court under Section 21(v) read with Section 22 of the Chart...

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High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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Supreme Court Allows Appeal in NI Act Case Due to Moratorium Under IBC — Cause of Action Arose After Insolvency Commencement. Director of Corporate Debtor Cannot Be Prosecuted Under Section 138 NI Act When Cause of Action Arose After Moratorium Under Section 14 IBC.

The Supreme Court allowed the appeal filed by a director of a corporate debtor against the order of the Punjab and Haryana High Court dismissing his p...

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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...