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Bombay High Court Dismisses Second Appeal in Loan Recovery Suit — Confirms Decree for Rs. 48,168 with Interest. Plaintiff's claim for loan repayment upheld as defendants failed to prove that cheques were issued as security for a loan to plaintiff.

The plaintiff, Kishore K. Shah, filed a suit for recovery of Rs. 48,168/- with interest against the defendants, Vasanti Babli Borkar and Govind Babli ...

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Supreme Court Quashes Preventive Detention Order Against Money Lender Under Kerala Anti-Social Activities (Prevention) Act, 2007, Holding That Alleged Acts Constituted Law and Order Issue, Not Public Order. Detention Order Lacked Reasons and No Attempt to Cancel Bail, Hence Violative of Article 21.

The matter arose from a preventive detention order passed against Rajesh, a money lender running ‘Rithika Finance’, by the District Magistrate, Pa...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...