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Bombay High Court Dismisses Petitioner's Challenge to Auction Sale by Cooperative Bank for Loan Recovery. Confirmed Auction Sale Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside After Sale Certificate Issuance.

The petitioner, Shiva Sahakari Up Jal Sinchan Sanstha Ltd., a cooperative society, had taken a loan from the Nanded District Central Cooperative Bank ...

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Bombay High Court Allows Director's Application to Quash Process in Cheque Dishonour Case Due to Lack of Specific Allegations Under Section 141 NI Act. Director Cannot Be Held Vicariously Liable Without Averment of Being in Charge of Business Conduct.

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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Bombay High Court Quashes FIR in Abetment of Suicide Case — No Proximate Link Between Applicant's Conduct and Suicide. Allegations of harassment for repayment of loan do not constitute abetment under Section 306 IPC as there was no direct instigation or active participation.

The applicant, Rahul s/o Bapu More, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of ...

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High Court of Madras Hears Appeal From Trial Court's Preliminary Decree Partitioning Self-Acquired Property into Six Equal Shares. Appellants Contend Oral Partition and Superstructure Construction Entitle Them to Larger Shares.

The dispute arose from a suit for partition and permanent injunction filed by the plaintiffs (respondents) against the defendants (appellants) in resp...

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Bombay High Court Acquits Accused in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Cattle Shed, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellants, Raju Dashrath Sadar, Suresh Dashrath Sadar, Bharat Dashrath Sadar, and Ganesh Bhagwat Sadar, were convicted by the 2nd Ad hoc Addition...

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High Court of Karnataka Dismisses Appeal Challenging Disqualification of DCC Bank Director Under Karnataka Co-operative Societies Act, 1959. Disqualification for Default in Loan Repayment Upheld as Per Section 29C(1)(b) of the Act.

The appellant, Sri R.M. Manjunath Gowda, was a director and president of the Shimogga District Central Co-operative Bank (DCC Bank). He had taken a lo...