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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 Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient.

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition u...

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Bombay High Court Allows Discharge of Director in Corporate Dispute — Criminal Proceedings Quashed Due to Civil Nature of Transaction. Failure to Repay Loan or Breach of Contract Does Not Attract Offences Under Sections 406, 409, 420, 467, 468, 471, 472 IPC When No Criminal Intent is Established.

The petitioner, Capt. Percy Meher Master, filed a criminal writ petition challenging the rejection of his discharge application in Regular Criminal Ca...

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Bombay High Court Dismisses Quashing Petition in Forgery Case — Social Activists’ FIR Challenge Rejected. Allegations of Theft and Forgery of Demand Drafts Against Ex-Minister Require Investigation, Quashing Petition Dismissed Under Section 482 CrPC.

The present proceedings involved a criminal writ petition and criminal application filed under Section 482 of the Code of Criminal Procedure, 1973, an...

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Bombay High Court disposes of criminal writ petition and appeal concerning illegal occupation of flats by petitioner and family. The court considers the legality of the FIR and the order of the Special MPID Court in the context of SARFAESI and MPID proceedings.

By this common judgment, the High Court disposed of Criminal Writ Petition No.2414 of 2005 and Criminal Appeal No.688 of 2006. The writ petitioner, In...

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High Court of Bombay Considers Whether an Authorised Dealer Compliant with RBI's FLM Instructions Can Be Held Liable under Sections 6(4) and 6(5) of FERA; Maintainability Not Disputed Despite Co-Noticees' Failure to Appeal.

This matter concerns two appeals filed under the Foreign Exchange Management Act (FEMA) before the High Court of Bombay, challenging an order of the A...

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Bombay High Court Adjudicates Suits for Recovery of Fixed Deposit Proceeds Allegedly Appropriated by Bank for Third-Party Dues. Plaintiffs contend that letter authorizing adjustment was obtained under economic duress, rendering it void.

The dispute arose from two recovery suits filed by sister concerns, M/s. Palbro International and Manekji Nensey & Sons, against The Federal Bank Ltd....

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...