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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Bombay High Court Dismisses Petition Seeking Transfer of Suit to Commercial Court Under Section 15(2) of Commercial Courts Act, 2015 — Suit for Specific Performance of Agreement to Sell Immovable Property Not a Commercial Dispute as Property Not Used for Commercial Purpose.

The petitioners, original defendants in a suit for specific performance of an agreement to sell immovable property, filed a writ petition challenging ...

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Bombay High Court Dismisses Petition Seeking Transfer of Suit to Commercial Court Under Section 15(2) of Commercial Courts Act, 2015 — Suit for Specific Performance of Agreement to Sell Immovable Property Not a Commercial Dispute.

The petitioners, original defendants in a suit for specific performance of an agreement to sell immovable property, filed a writ petition challenging ...

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Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...