Search Results for "postdated cheques"

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Search Results for "postdated cheques"

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High Court

Bombay High Court Grants Interim Injunction Restraining Co-operative Housing Society from Appointing Another Developer in Redevelopment Dispute. Letters exchanged between developer and society held to constitute a binding contract for redevelopment, and termination letter declared illegal.

1 Feb 2024

The plaintiff, Pittie Antariksh Grl Pvt Ltd, a real estate company, filed a suit seeking declaration that letters dated 30/8/2021 and 23/10/2021 const...

High Court

Bombay High Court Quashes FIR Against Finance Company for Vehicle Repossession Under Section 482 CrPC — Loan Default and Hypothecation Agreement Justify Taking Possession of Excavator. The court held that repossession of a hypothecated vehicle upon default does not constitute theft under Section 379 IPC, and continuing criminal proceedings would be an abuse of process.

11 Dec 2023

The case involves an application filed by Tata Capital Ltd. (Applicant No.1) and its Regional Collection Manager, Mr. Vipul Upadhyay (Applicant No.2),...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case — Amalgamated Company Must File Return for Pre-Amalgamation Period. Section 153A Notice Validly Issued to Transferor Company Despite Amalgamation, and Failure to File Return Attracts Penalty Under Section 276CC.

1 Jan 2022

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax (Central) against the order of the Delhi High Court, which had ...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

High Court

Bombay High Court Quashes FIR in Abetment of Suicide Case Against Finance Company Executive — No Instigation Found in Suicide Note. Loan Recovery Pressure Without Active Instigation Does Not Attract Section 306 IPC.

2 Jul 2018

The applicant, Amit Ashok Naharkar, an executive of Bajaj Finance Company, filed a criminal application under Section 482 CrPC seeking quashing of FIR...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

31 Mar 2017

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

High Court

Bombay High Court Dismisses Borrower's Challenge to Arbitral Award in Loan Recall Dispute — Interest Rate Reduction and Pre-reference Interest Upheld. Court confirms that arbitrator can reduce contractual interest rate under Section 34 of Arbitration and Conciliation Act, 1996 and award pre-reference interest under Section 31(7)(a) of the Act.

4 Mar 2015

The judgment arises out of eight arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbi...

High Court

Bombay High Court Allows Reference of Disputed Cheque to Forensic Laboratory in NI Act Case — Age of Handwriting and Signature Crucial for Defence. The court held that the defence of discharge and misuse of cheque would be seriously prejudiced without forensic examination, and the interest of justice requires sending the document to the forensic laboratory.

9 Jan 2015

The applicant, Smt. Kalpana w/o Dilip Patil, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Stop Payment Instruction Does Not Absolve Drawer of Liability When Cheque Was Issued for Discharge of Legally Enforceable Debt.

25 Sep 2014

The appellant, Kamal Babulal Sharma, filed a criminal appeal against the judgment and order dated 08/06/2001 passed by the 9th Judicial Magistrate, Fi...

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