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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Upholds Acquittal in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Repay Loan Does Not Constitute Cheating Under Section 420 IPC When Transaction is Essentially a Civil Debt.

The State of Maharashtra appealed against the acquittal of Radheshyam Motilal Rungta (respondent/accused) by the Sessions Court, which had reversed hi...

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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 Entry of Petitioner as Suspect in Charge-Sheet Holding Naming Suspect Without Evidence Illegal. Describing Person as Suspect in Police Report Under Section 173 CrPC Violates Procedure Established by Law and Right to Reputation Under Article 21.

The dispute arose from the Maharashtra Public Service Commission (MPSC) paper scam case. The Anti-Corruption Bureau (ACB) registered an FIR on 20 June...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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High Court of Karnataka Allows Appeal by Union Bank of India in SARFAESI Act Matter — Endorsement Declining One-Time Settlement Not a 'Decision' Under Section 17(1) of SARFAESI Act, 2002. Writ Petition Challenging Bank's Endorsement Held Not Maintainable Due to Alternative Remedy Before DRT.

The case involves a writ appeal filed by Union Bank of India (appellants) against an order dated 02.05.2023 passed by a learned Single Judge of the Ka...

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Bombay High Court Allows Furlough for Life Convict Despite No Relative, Interpreting 'Relative' Broadly Under Goa Prison Rules. The court directed reconsideration of furlough application treating a non-relative as 'relative' under Rule 316(3) of Goa Prison Rules, 2006.

The petitioner, Bhau Valve, a life convict under Section 8(2) of the Goa Childrens Act, 2003 for sexually assaulting his daughter, had served nearly 1...