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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Allows Writ Petition Challenging GST Registration Cancellation Without Notice. Cancellation of registration under Section 29 of CGST Act, 2017 set aside for violation of principles of natural justice as no show-cause notice was issued before cancellation.

The petitioner, Dee Vee Projects Ltd., a public limited company engaged in infrastructure development, was registered under the erstwhile State Sales ...

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High Court of Karnataka Quashes FIR in Criminal Breach of Trust Case — Dispute Found to be Purely Civil in Nature. Allegations of Dishonest Misappropriation of Sale Consideration Under Sections 403, 406, 420 IPC Do Not Disclose Any Criminal Offence as Transaction Was Consensual and Civil.

The petitioners, who were accused Nos. 1 and 2, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Dismisses Petition of LIC Agent Challenging Termination and Forfeiture of Renewal Premiums. Suppression of Material Fact Regarding Life Assured's Hospitalization Justifies Termination Under Regulation 16(1) of LIC (Agents) Regulations, 1972.

The petitioner, Ramrao Manikrao Biradar, was appointed as an agent of the Life Insurance Corporation of India (LIC) on 11 April 1989 with agent code N...

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Bombay High Court Allows Complainant's Revision in Cheating and Forgery Case — Restores Magistrate's Order Issuing Process. Held that the Sessions Court erred in quashing process at the initial stage as there was a prima facie case under Sections 420, 465, 467, 471, 403 read with 120B IPC.

The case involves a Criminal Revision Application filed by the original complainant, Rajeev Sawhney, challenging an order dated 13.8.2008 passed by th...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay Snapping Live Link. Preventive Detention Order Under Section 3(1) of COFEPOSA Act, 1974 Set Aside as Delay Between Last Smuggling Activity and Order Was Unexplained.

The petitioner, a friend of the detenu Joshy Mathew, challenged the detention order dated 3rd May 2004 issued under Section 3(1) of the Conservation o...