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Supreme Court Quashes Criminal Proceedings Against Guarantors in Bank Fraud Case Due to Settlement — Wives of Main Accused with No Active Role Entitled to Relief. Settlement of Civil Dues and Lack of Specific Role Justify Quashing of Charges Under Section 482 CrPC.

The Supreme Court allowed the appeal filed by K. Bharthi Devi and another (Accused Nos. 3 and 4) against the judgment of the High Court of Judicature ...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Upholds Labour Court Award Denying Reinstatement to Employee of Closed Family Welfare Centre. Termination Due to Closure of Establishment Not a Retrenchment Under Industrial Disputes Act, 1947.

The petitioner, Pradip Patil, was employed as a peon and later as a clerk/storekeeper at the Family Welfare Centre run by Yugantar Education Society i...

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High Court Allows Transfer of Winding-Up Proceedings to NCLT Under Companies Act Section 434(1)(c) - Applicant Successfully Seeks Transfer for Corporate Insolvency Resolution Under IBC

The Bombay High Court allowed the transfer of winding-up proceedings against Patheja Forgings & Auto Parts Manufacturing Ltd. to the National Comp...

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High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute.

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Ar...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Rejects Second Bail Application in Economic Offence Case Due to No Change in Circumstances. Applicant's Role as Director in Fraudulent Transactions Upheld; Gravity of Offence Precludes Bail.

The applicant, Waryam Singh Kartar Singh, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wit...

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Division Bench of Karnataka High Court Upholds Bank's Appeal, Reinstates Section 14 Order Under SARFAESI Act. Writ Petition Challenging Magistrate's Order Dismissed on Ground of Availability of Efficacious Alternate Remedy Under Section 17 of SARFAESI Act, 2002.

The appeal arose from a writ petition filed by respondent-borrowers challenging an order dated 13.03.2020 passed by the Chief Judicial Magistrate unde...

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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...