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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Legal Analysis of Dishonored Cheques Case. Delve into the intricacies of evidence, witness testimonies, and contractual obligations in a high-stakes legal battle over dishonored cheques under Section 138 of the Negotiable Instruments Act.

The case revolves around the issuance of cheques by Ambitious Marketing to Kores (India) Ltd. for goods received but not honored due to "payment stopp...

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High Court of Karnataka Quashes Sessions Judge's Order Directing Conversion of Summary Trial to Warrant Case in NI Act Proceedings — Section 143 NI Act Provides Sufficient Power to Magistrate Without Formal Conversion

The petitioner, Mahendra Kumar, filed a petition under Section 482 CrPC challenging an order dated 27.01.2018 passed by the LXVI Additional City Civil...

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Bombay High Court Quashes Subsequent FIR in Land Dispute — Abuse of Process Under Section 482 CrPC. Second FIR on identical allegations as earlier FIR quashed as not maintainable.

The applicant, Mohammad Hisham Osmani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...

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Bombay High Court Allows Applicant's Petition Under Section 482 CrPC to Quash FIR in Land Dispute — Dispute Held Civil in Nature. Criminal proceedings for trespass, mischief, and criminal intimidation quashed as abuse of process where land ownership and possession were civil issues.

The applicant, Satyanarayan Bisanlal Agarwal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...