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Madras High Court Modifies Onerous Cost Condition for Setting Aside Exparte Order in Execution Proceedings — Cost Reduced from Rs.2,00,000 to Rs.25,000. Courts must not impose excessive costs without special circumstances, especially when decree holder has no objection.

The petitioners, Baskaran and Thamaraiselvi, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging a doc...

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Supreme Court Reverses Acquittal in Cheque Bounce Case, Upholds Conviction. High Court and Appellate Court Decisions Overturned on Grounds of Legal Enforceability of Debt.

The Supreme Court of India, reversed the High Court's and the Appellate Court's decisions that had acquitted the respondent in a cheque bounce case un...

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Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

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Supreme Court Dismisses Appeal in NDPS Case Seeking CBI Investigation Over Alleged Illegal Abduction. Transfer to CBI Not Warranted as Mere Allegations Against Police Do Not Meet Exceptional Circumstances Under Established Guidelines, and Issues Can Be Raised in Trial.

The Supreme Court heard appeals arising from two Special Leave Petitions challenging orders of the High Court of Chhattisgarh, Bilaspur. The appellant...

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Supreme Court Allows IDBI Bank's Appeal in Winding Up Case — Revival of Winding Up Proceedings Set Aside and Sale Deed Directed to Be Executed. Agreement to Sell Not Fraudulent Preference Under Section 531 of Companies Act, 1956 as Executed Beyond Six-Month Period and Bona Fide.

The Supreme Court considered two appeals by IDBI Bank (erstwhile United Western Bank) against judgments of the Madras High Court relating to the windi...

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Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

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Bombay High Court Allows Revision Application and Discharges Accused in Abetment of Suicide Case Due to Lack of Evidence of Instigation or Harassment. Allegations of money lending and harassment not substantiated by material on record to frame charge under Section 306 IPC.

The case involves a criminal revision application filed by Gurunath Laxman Gawli and Sangita Gurunath Gawli, who were accused in Crime No.455 of 2014 ...

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Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...