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Supreme Court Quashes FIR Against Bank Officials in Income Tax Restraint Order Violation Case — Lack of Mens Rea and Criminal Intent Established. Bona fide mistake in interpreting revocation order does not attract criminal liability under IPC Sections 406, 409, 420, 120B.

The Supreme Court allowed the appeal filed by HDFC Bank Ltd. against the judgment of the Patna High Court which had dismissed the bank's petition unde...

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Supreme Court Upholds Conviction of Bank Manager in Embezzlement Case — Circumstantial Evidence Sufficient to Prove Criminal Conspiracy and Misappropriation of Funds

The appellant, N. Raghavender, was the Branch Manager of Sri Rama Grameena Bank, Nizamabad Branch from May 1990 to September 1995. He was convicted by...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

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High Court of Bombay at Goa Dismisses Petition Seeking CBI Investigation in Cheating Cases — No Bias or Mala Fides Established Against Investigating Agency. Police Investigation Under Section 173(8) CrPC Can Continue Even After Charge-Sheet, and Victims Have Alternative Remedies Before Magistrate.

The petitioners, eight individuals, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Sale-Cum-Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, MSRT Corporation, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated...

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Bombay High Court Partly Allows Appeal in Motor Accident Claim — Modifies Apportionment of Compensation Between Widow, Children, and Parents. Widow and Minor Children Held Entitled to Larger Share Than Aged Parents Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the widow, minor children, and aged parents of the deceased Dinesh Waman Patil. The Motor Acciden...

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Bombay High Court Allows Scheme for Small Fixed Deposit Holders in Winding-Up Petition Against Lloyds Finance Ltd. — Court directs framing of scheme to repay small depositors instead of winding up the company, considering that winding up would leave no recovery for any creditor.

The judgment arises from a winding-up petition filed by Shri Basant Lal Agarwal against M/s. Lloyds Finance Ltd. for recovery of Rs. 3,75,00,000 advan...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...