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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...

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Supreme Court Hears Appeals Against Orissa High Court's Order Quashing Land Settlement in Favour of Temple Managing Committee; Issue of 'Amrutamanohi' Lands Under OEA Act and Temple Act

The dispute centered on the settlement of certain lands in Puri, known as 'amrutamanohi' properties, which were claimed to be part of the endowments o...

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Bombay High Court Considers Service Protection Claims in Caste Invalidation Cases After Supreme Court Overrules Full Bench Decision. Supreme Court in FCI v. Jagdish Balaram Bahira Overrules Arun Sonone, Potentially Denying Protection to Petitioners Whose Scheduled Tribe Certificates Were Invalidated.

The judgment arose from a batch of writ petitions filed before the Bombay High Court, Nagpur Bench, wherein petitioners sought protection in service a...

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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

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Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

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Bombay High Court Dismisses Petition Seeking Declaration of Lapsed Land Acquisition in 1960s Case — Section 6 Declaration Issued Within One Year of Section 4 Notification, No Lapse Occurred.

The petitioners, owners of lands in Borla and Deonar, Mumbai, filed a writ petition challenging the order of the Special Land Acquisition Officer (SLA...