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Gujarat High Court Allows Appeals in Recovery Suits, Holding That Suits Against Guarantors Were Barred by Limitation. The court held that limitation for suit against guarantor runs from date of default by principal debtor, not from date of guarantee, under Article 55 of Limitation Act, 1963.

The case involves three first appeals arising from a common judgment and decree passed by the City Civil Judge, Court No. 11, Ahmedabad, in Civil Suit...

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Dismisses Discharge Application of Accused in Bank Fraud Case Due to Prima Facie Evidence of Conspiracy. Allegations of conspiracy between bank officials and partners of a firm to sanction credit facilities beyond limits and misappropriate funds under IPC and PC Act warrant trial.

The applicant, original accused no.5, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dat...

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Bombay High Court Dismisses Writ Petition Challenging Eviction from Port Trust Land — Lease Expired, Occupants Held Trespassers. Petitioners' Challenge Fails as They Had Alternative Remedy Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioners were occupants of plots on land belonging to the Board of Trustees of the Port of Bombay. They had been granted leases which had expir...

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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...