Search Results for "Security Cheque"

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Quashes Criminal Proceedings Against Directors in CBI Case for Lack of Sanction Under Section 197 CrPC. Directors of Companies Cannot Be Prosecuted Without Prior Sanction as They Were Public Servants Under the Prevention of Corruption Act, 1988.

The case involves two criminal revision applications filed by directors of companies against whom the CBI had initiated prosecution. The applicants we...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale — Alternative Remedy Under Section 17 Held Efficacious. No Interference Under Article 226 in Absence of Fraud or Collusion.

The petitioner, Buniya Devi Chauhan, through her power of attorney holder Dharmendra Shambhunath Chauhan, filed a writ petition under Article 226 of t...

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Bombay High Court Dismisses Insurance Company Appeal in Motor Accident Claim Due to Dishonoured Cheque. Insurer Liable to Third-Party Claimants Despite Non-Payment of Premium, with Right to Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by respondent Nos.1 to 5 (claimants) before the Motor Accident Claims Tribunal, Amravati, seeking co...

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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 Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as complainant failed to prove legally enforceable debt.

The applicants, Ravindra s/o Bhimrao Khillare, Seema w/o Ravindra Khillare, Deepak s/o Bhimrao Khillare, and Kalpana w/o Deepak Khillare, filed a crim...