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Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

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Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. The court held that the RBI circular dated June 7, 2019, is binding on banks and that the borrower has a right to seek a review meeting under the framework.

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Lack of Credible Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d), 13(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal date...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Madhukar Nagnathrao Bandale, was a Junior Clerk in Upper Painganga Project, Sub-Division No.3, Isapur. The complainant, Ganpat Kasture ...

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High Court of Bombay at Nagpur Reverses Acquittal of Accused in Cheque Dishonour Case Under Section 138 N.I. Act Due to Failed Rebuttal of Presumption. Hand Loan Repayment Defence Not Proved by Accused; Holder's Authority Under Section 20 to Complete Inchoate Cheque Affirmed.

The appeal before the High Court of Bombay, Nagpur Bench, arose from a judgment of the Judicial Magistrate First Class, Nagpur, acquitting the accused...