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Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Film Finance Dispute — No Grounds Under Section 34 of Arbitration and Conciliation Act, 1996 Established. Court Holds That Arbitration Agreement Existed via IMPPA Rules, Notice Was Properly Served, and Award Did Not Exceed Claim.

The petitioner, Mr. Gaurang Doshi, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award date...

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Supreme Court Dismisses Landlord’s Appeal in Bihar Tenancy Dispute; Thika Patta Held to be Lease, Not Mortgage. Tenants of a Tenure-Holder, Being Settled Raiyats Under Bihar Tenancy Act, 1885, Acquired Occupancy Rights and Could Not Be Evicted After Expiry of Head Lease.

The dispute arose from a thika patta executed by the predecessor-in-interest of the plaintiff (appellant) in favor of B, covering a village for a term...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Quashes Reassessment Notices and Orders Under Section 153 of Income Tax Act, 1961 for Lack of Valid Sanction and Non-Application of Mind. Reassessment proceedings initiated without proper approval under Section 151(2) and based on borrowed satisfaction are invalid.

The petitioner, Ashok Commercial Enterprises, filed nine writ petitions challenging reassessment notices dated 19th July 2021 and 14th July 2021 issue...

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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 Upholds Cancellation of Agreement of Sale Due to Cheque Dishonour — Defendant Ordered to Vacate Premises on Refund of Advance. Agreement Contained Specific Clause That Dishonour of Cheque Would Result in Cancellation and Vacant Possession.

The case involves a dispute over an agreement of sale for a flat. The plaintiff, Ranjana Rajendra Vadnere, entered into an agreement with the defendan...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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KAHC010400602018_1

The appeals arose from the conviction of accused No.1, Smt. Uma, and accused No.2, Sri. Shivabasavegowda, by the trial court for offences under Sectio...