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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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Bombay High Court Allows Furlough Leave for Life Convict — Adverse Police Report Based on Expired Sentence Not Valid. Petitioner's Sentence Under Section 392 IPC Already Served, Hence Cannot Be Ground for Rejection.

The petitioner, a life convict convicted under Sections 302 and 392 of the Indian Penal Code, had undergone approximately 17 years of imprisonment. He...

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Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

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Bombay High Court Allows Withdrawal of Compensation Without Solvent Surety in Land Acquisition Case — Award Final After Dismissal of SLP. Condition of Furnishing Solvent Surety Set Aside as Unjustified When Award Has Attained Finality Under Land Acquisition Act, 1894.

The petitioner, Smt. Jyoti Subhash Bhansale, filed a writ petition challenging the order of the learned District Judge-16, Pune dated 23/01/2012, whic...

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Bombay High Court Allows Advocate's Petition Against Misconduct by Special Executive Magistrate in Section 107 CrPC Proceedings. Court Holds That Police Officers Acting as Executive Magistrates Must Follow Judicial Procedure and Cannot Humiliate Advocates.

The judgment pertains to two criminal writ petitions filed before the Bombay High Court, Nagpur Bench, challenging the practice and procedure adopted ...