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Bombay High Court Dismisses Bank's Petition Challenging Banking Ombudsman Award for Wrongful Debit Despite Stop Payment Instructions. Bank's Liability Upheld as Limitation Period Under Banking Ombudsman Scheme 1995 is Directory, Not Mandatory.

The case involves a dispute between Canara Bank (the petitioner) and Shri Uttam Rathod (respondent no.1), a proprietor of M/s. Rishi Impex, who held a...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Loan and Signature. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused's Defence.

The appellant, Vishwanath s/o Kondaji Pote, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He alleg...

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Bombay High Court Dismisses Revision Against Order Rejecting Plaint in Trust Property Suit for Non-Compliance with Section 80 CPC. Suit Against Public Trust Without Statutory Notice Under Section 80 CPC is Not Maintainable and Plaint Must Be Rejected Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting the plaint ...

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Bombay High Court Allows Appeal of Teacher in Primary School Termination Case — MEPS Act Applies to Primary Schools Recognized Under Bombay Primary Education Act. School Tribunal Has Jurisdiction to Entertain Appeal Under Section 9 of MEPS Act, 1977.

The case involves an appeal by Smt. Komal Rugwani, an assistant teacher at Jhulelal Trust School, a private primary school recognized by the Ulhasnaga...

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Bombay High Court Dismisses Second Appeal in Cooperative Bank Dispute — Civil Court Lacks Jurisdiction Due to Absence of Fraud Allegations. Jurisdictional bar under Cooperative Societies Act upheld as plaint lacked particulars of fraud.

The appellants, Durga Premanand Navelkar and Premanand Ganesh Prabhu Navelkar, filed a suit against the Goa Urban Co-operative Bank Limited and its of...

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Bombay High Court Allows Appeal Against Rejection of Section 34 Petition by City Civil Court, Holding City Civil Court is Not a 'Court' Under Section 2(1)(e) of Arbitration Act. The Court set aside the order and remanded the matter for fresh consideration by the proper court.

The appellant, a share broker, purchased 100 shares of Odyssey Technology Limited on behalf of a client. The shares were sent for registration but onl...