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Bombay High Court Upholds De-freezing of Bank Accounts with Bank Guarantee Condition in Cheating Case. Court holds that Section 102 CrPC freezing cannot be indefinite and must be balanced against right to carry on business, directing furnishing of bank guarantee for de-freezing.

The case involves two applications under Section 482 of the Code of Criminal Procedure, 1973. The first application (APL No.191 of 2024) is filed by t...

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Madras High Court Dismisses Writ Petition Seeking Eviction of Encroachers from Water Body Due to Lack of Evidence. Petitioner Failed to Produce Revenue Records or Survey Report, Court Held That Disputed Questions of Fact Cannot Be Adjudicated Under Article 226 of Constitution of India.

The petitioner, Lion.G.Devarajan, filed a writ petition before the Madras High Court seeking a direction to the government respondents to consider his...

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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...

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Bombay High Court Quashes Onerous Bail Conditions in Commercial Dispute Case — Directs Defreezing of Bank Account. Court held that imposing condition of depositing Rs.59 crore for bail in a case arising from a commercial transaction is unreasonable and violative of Article 21 of the Constitution.

The petitioners, Vyomesh Shah, Kiran Contractor, and Suhass Dumbre, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Directs Magistrate to Decide SARFAESI Section 14 Application in Light of Amended Section 17(4A) - Tenancy Claims to be Decided by DRT. Writ Petition Disposed with Direction to Consider Amendment w.e.f. 1.9.2016.

The petitioner, Vijaya Bank, filed a writ petition before the Bombay High Court challenging the inaction of the Chief Metropolitan Magistrate, Esplana...

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Bombay High Court Dismisses Petitioner's Challenge to Bank Auction — Bid Below Reserve Price and Without Earnest Money Rejected. Auction Sale Confirmed in Favor of Highest Bidder Despite Petitioner's Claim of Irregularity.

The Petitioner, Goldie Sud, filed a writ petition under Article 226 of the Constitution of India challenging the public auction conducted by Punjab Na...

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NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...