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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...

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Bombay High Court Dismisses Second Appeal in Property Possession Dispute — Concurrent Findings of Ownership and Possession Upheld. Court holds that no substantial question of law arises under Section 100 CPC when findings of fact are based on evidence and not perverse.

The case involves a property dispute between two brothers, Gulab (plaintiff) and Ajab (defendant no.2), over a building constructed on Municipal Plot ...

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Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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Bombay High Court Allows Appeal in Transport Contract Dispute, Holds Mutual Mistake Warrants Rectification of Contract Distance. Court Finds Actual Distance 307 km, Not 263 km as Stated in Work Order; Appellant Entitled to Claim for Excess Work Under Section 70 of Contract Act.

The dispute arose from a transport contract for emergency coal transportation from New Majri Colliery to Paras power station. The plaintiff, a transpo...

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Supreme Court Allows Appeal in U.P. Gangsters Act Case — Quashes FIR for Lack of Anti-Social Activity. Property Disputes of Civil Nature Cannot Be Basis for Prosecution Under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986.

The Supreme Court allowed the appeal filed by Jay Kishan and others against the State of Uttar Pradesh and others, challenging the dismissal of their ...