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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation. Allegations of Harassment Not Sufficient to Attract Section 306 IPC as No Direct or Indirect Act of Abetment Was Disclosed.

The petitioner, Padmakar Ramdas Agresar, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...

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Bombay High Court Allows Appeal in NI Act Case: Solitary Loan Transaction Not Money Lending Business Under Bombay Money Lenders Act, 1946. Single instance of lending does not constitute money lending business, making debt legally recoverable and prosecution under Section 138 NI Act maintainable.

The appellant, M/s. Raj Exports, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for dishonour of a...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Bombay High Court Quashes Section 420/511 IPC Charges in Money Lending Case Due to Absence of Deception. Default in Loan Repayment Does Not Constitute Cheating Under IPC When Initial Intention to Repay Existed.

The petitioner, Ramesh Babulal Chaudhari, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) seeking quashing of FIR No. 3...