Search Results for "cheque number"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "cheque number"

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Supreme Court

Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

1 Jan 2025

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

Supreme Court

Supreme Court Allows Appeal in Property Fraud Case — Upholds Rights of Purchaser Under Unregistered Sale Deed Against Subsequent Purchaser. Vendor's Double Sale and Fraudulent Conveyance Set Aside; Court Holds That Registration Relates Back to Date of Execution and Minor's Contract Is Voidable, Not Void, Under Specific Circumstances.

19 Jul 2024

The case involves a property dispute where the appellants (plaintiffs) purchased suit land from respondent no.2 (vendor) via a sale deed executed on 0...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Suit for Dishonour of Cheque — Bank's Defence of Missing Signature on Reverse of Cheque Rejected as Not Triable Issue. The court held that under the Negotiable Instruments Act, 1881, the signature on the face of the cheque is sufficient and the absence of signature on the reverse does not constitute a valid defence.

11 Aug 2021

The plaintiff, SKS Power Generation (Chhattisgarh) Ltd, filed a Commercial Summary Suit against Canara Bank for recovery of Rs. 1,00,00,000/- with int...

High Court

Bombay High Court Upholds Acquittal of Accused in PC Act Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

12 Feb 2021

The State of Maharashtra appealed against the acquittal of Mangala Shankar Chinchawade, a Junior Clerk in the Pune Civil Court, who was charged under ...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. The court held that once the accused admits his signature on the cheque, the presumption of a legally enforceable debt arises under Section 139 of the Act, and the accused must rebut it.

28 Jul 2015

The appellant, Kayam Kaderbhai Nagree, was the original complainant in two complaints under Section 138 of the Negotiable Instruments Act, 1881, again...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Dismisses Petition Challenging Attachment of Premises Under Customs Act — Licensee Lacks Locus Standi After Expiry of Licence. The court held that an erstwhile licensee whose licence had expired has no subsisting right in the attached property and is not entitled to a hearing before attachment under Section 142 of the Customs Act, 1962.

5 Oct 2012

The petitioners, Aditya Birla Nuvo Ltd. and another, filed a writ petition challenging the attachment of a residential flat by the Customs Authorities...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint in Default in Cheque Dishonour Case — Restoration of Complaint Ordered as Complainant's Absence Was Due to Wrong Date Mentioned in Notice. The court held that procedural fairness requires that a complaint not be dismissed in default when the complainant's absence is due to a mistake in the court's notice, and the accused's discharge was set aside.

28 Sep 2012

The appellant (original complainant) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal C...

High Court

Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

8 Apr 2011

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...

Supreme Court

Supreme Court Considers Whether a Bond Executed by a Company Director Constituted a Contract of Guarantee or Indemnity Under Section 126 of the Indian Contract Act, 1872. The Court Also Examined the Binding Nature of a Scheme of Composition Sanctioned Under Section 391 of the Companies Act, 1956 on Dissenting Creditors.

17 Sep 1969

The case involved a cash-credit account opened by the first respondent company with the appellant bank. On June 7, 1953, the company executed a promis...

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