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Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

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High Court of Karnataka Quashes Cheque Dishonour Proceedings Against Partners Due to Lack of Specific Averments of Vicarious Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to satisfy requirements of Section 141 of the Act for imputing liability on partners.

The petitioners, accused No.1 (M/s. Conserve Ready Mix Concrete, a partnership firm) and accused No.2 and 3 (partners of the firm), filed a petition u...

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Bombay High Court Dismisses Suit for Interest on Frozen Bank Account — No Breach of Contract Found. Bank's Compliance with Customs Department Instructions to Freeze Account and Retain Amount in Suspense Account Without Interest Does Not Constitute Breach of Contract.

The Plaintiff, Veritas Exports, a proprietorship concern, filed a suit against the Defendant, Bank of Baroda, seeking a money decree for interest on a...

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Bombay High Court Allows Discharge of Director in Corporate Dispute — Criminal Proceedings Quashed Due to Civil Nature of Transaction. Failure to Repay Loan or Breach of Contract Does Not Attract Offences Under Sections 406, 409, 420, 467, 468, 471, 472 IPC When No Criminal Intent is Established.

The petitioner, Capt. Percy Meher Master, filed a criminal writ petition challenging the rejection of his discharge application in Regular Criminal Ca...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award Against Collecting Banker in Pay Order Fraud Case. Bank Liable for Conversion Due to Negligence in Collecting Pay Order with Forged Endorsement Under Section 131 of Negotiable Instruments Act, 1881.

The petitioner, Saraswat Cooperative Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

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Supreme Court Allows Appeal by Complainant Bank, Restores Criminal Proceedings Quashed by High Court. High Court Erred in Quashing Charge-Sheet Solely Because Other Alleged Co-Accused Were Not Arraigned; Section 319 CrPC Provides Remedy to Array Additional Accused During Trial.

The appellant, M/s Suvarna Cooperative Bank Ltd, filed a complaint under Section 200 CrPC before the Additional Chief Metropolitan Magistrate, Bangalo...

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Karnataka High Court Hears Writ Petition Challenging Forfeiture of Earnest Money by KSFC in E-Auction Under SARFAESI Act. Petitioner Claims Suppression of Pending Suit and Interim Order Affected Marketable Title, Rendering Auction Notification Fraudulent.

The petitioner, N. Lakshmana, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka seeking...