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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

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Bombay High Court Dismisses Appeal of Trust Secretary Challenging Removal Under Maharashtra Public Trust Act. Unauthorized Advances and Breach of Charity Commissioner's Directions Justify Permanent Removal Under Section 41D(1)(b) and (c) of Maharashtra Public Trust Act, 1950.

The appellant, Abdul Hamid Sheikh Mohammad, was the elected Secretary of Peoples Education Society, Amravati (the trust), which runs National Urdu Gir...

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Bombay High Court Quashes Discharge of Bank Clerk in Disciplinary Matter — Finding of Guilt Based on No Evidence Held Perverse. Loan Misappropriation Charge Failed as Complainant Was Not Examined and Loan Was Repaid Before Complaint.

The petitioner, Deoram S. Wayal, was employed as a peon with the Central Bank of India from 22 December 1971 and was promoted to clerk on 14 July 1988...

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Bombay High Court Reserves Judgment in Section 34 Petition Challenging Arbitral Award Alleging Res Judicata and Patent Illegality; Decision on Coercion and Interest Awaited.

The petition challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, a multi-state co-operative b...

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High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute.

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Ar...

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Bombay High Court Allows Appointment of Court Receiver in Arbitration Petition Under Section 9 of Arbitration and Conciliation Act, 1996 for Loan Default. Loan Agreement Default Leads to Appointment of Receiver to Secure Claim Pending Arbitration.

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Court R...