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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Contributory Negligence and Proper Application of Multiplier. Claimants' Cross Objection Dismissed as No Evidence of Negligence of Other Vehicle.

The case arises from a motor accident claim filed by the parents of a deceased bachelor who died in a vehicular accident. The Motor Accident Claims Tr...

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Bombay High Court Quashes Criminal Proceedings Against Company and Director in Cheque Dishonour Case Due to Lack of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role and Responsibility of Directors at the Time of Offence.

The petitioners, Western Projects Limited (a company) and Dinesh Singh Mehta (a director), were original accused Nos. 13 and 14 in Criminal Case No. 4...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...