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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

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Gujarat High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation. Loan Recovery Dispute Not Sufficient to Attract Section 108 BNS Without Evidence of Intentional Aiding or Abetting.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was filed by the applicant-accused, Ashokbhai Bhakabh...

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Gujarat High Court Dismisses Revision Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt and Notice. Complainant Could Not Establish Legally Enforceable Debt or Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Dr. Anilbhai Dineshchandra Chauhan, filed a criminal revision application under Section 397 of the Code of Criminal Procedure, 1973, ch...

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Bombay High Court Dismisses Appeal Challenging Rejection of Discharge in MPID Act Case – Alleged Fraudulent Hosiery Scheme – No Discharge as Prima Facie Case Exists

The appellant, Smt. Neelam Rajendra Nanaware, filed a criminal appeal under Section 11 of the Maharashtra Protection of Interest of Depositors (In Fin...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

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Supreme Court Dismisses MSME Appeals Holding Restructuring Notification Directory. Banks/NBFCs Not Obliged to Restructure MSME Accounts Suo Moto Under Section 9 MSMED Act Before SARFAESI Action.

The Supreme Court dismissed a batch of appeals filed by MSMEs challenging the Bombay High Court's order that Banks/NBFCs are not obliged to adopt the ...