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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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High Court Quashes FIR Against Bank Officials and BGR Energy Executives in Bank Guarantee Dispute -- No Criminal Intent Found in Commercial Transaction Under IPC Sections 420, 403, 406, 418, 425, 427 read with 34

The High Court quashed an FIR registered against bank officials and company executives alleging criminal offences in connection with bank guarantee tr...

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Karnataka High Court Delivers Judgement in Criminal Petition No. 4606 of 2023 Under Section 482 Cr.P.C. The Court Reviews Whether Allegations of Breach of Contract and Misappropriation Constitute Criminal Offences Under IPC Sections 406, 420, and Others.

The criminal petition was filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the entire proceedings in C.C.No.10486/2023...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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High Court Hears Petition Under Section 34 of Arbitration Act Challenging Arbitral Award for Alleged Procedural Irregularities. Award Directed Petitioner Company to Pay Net Amount After Allowing Counter Claim, Raising Issues of Service of Counter Claim and Natural Justice.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging in part an Arbitral Award dated 23rd Novemb...

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Bombay High Court Allows Petitioner to Retain Allotment Despite Delay in Payment of Lease Premium — Condonation of Delay Granted. Petitioner's failure to pay installments on time due to COVID-19 pandemic condoned, allotment restored on payment of interest and DPC.

The petitioner, Narayani Trexim Pvt. Ltd., participated in a tender floated by CIDCO for lease of a plot in Sector 18, Vashi, Navi Mumbai. It was the ...