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Madras High Court Allows Writ Petition of Adopted Daughter Against Cooperative Bank for Release of Pledged Jewels — Adoption Deed Raises Presumption of Validity Under Section 16 of Hindu Adoption and Maintenance Act, 1956, and Adopted Daughter is Class I Heir Entitled to Repay Loan and Redeem Pledge.

The petitioner, P.G. Monika, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the first and s...

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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

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Supreme Court Dismisses Appeal by Purchasers of Property in Bombay Rents Act Dispute Over Construction Loan. Court Holds That Claim for Recovery of Loan Advanced Under Section 18(3) of the Act Arises Out of Act, Vesting Exclusive Jurisdiction in Court of Small Causes Under Section 28.

The litigation arose from a dispute over a construction loan and the consequent failure to grant tenancy, which brought into question the jurisdiction...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque Issued for Repayment of Housing Loan. Court Holds That Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Stands in Favour of Complainant and Accused Failed to Rebut It.

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M.V. Joseph, who...

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High Court Hears Petition Under Section 34 of Arbitration Act Challenging Arbitral Award for Alleged Procedural Irregularities. Award Directed Petitioner Company to Pay Net Amount After Allowing Counter Claim, Raising Issues of Service of Counter Claim and Natural Justice.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging in part an Arbitral Award dated 23rd Novemb...

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Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

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Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Loan Dispute. Court Appoints Sole Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996 Due to Respondent's Failure to Appoint Arbitrator.

The applicant, Mangal Credit and Fincorp Limited, a public limited company incorporated under the Companies Act, 1956, filed an application under Sect...

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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...

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High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Under Section 138 NI Act Upheld. Accused Failed to Rebut Presumption of Legally Enforceable Debt or Discharge, and Signature on Cheque Was Admitted.

The case involves a criminal revision petition filed by R. Hanumantharaya (the accused) against the judgment and order dated 02-01-2019 passed by the ...