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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

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Bombay High Court Allows Bank to Participate in Auction of Attached Sugar Stock in Workers' Dues Recovery Case. The court held that the direction to recover under MLR Code was beyond Section 33C(1) of Industrial Disputes Act, 1947, but permitted the bank to participate in auction of attached sugar.

The Maharashtra State Cooperative Bank Ltd. (petitioner) had advanced loans to Yashwant Sahakari Sakhar Karkhana (respondent No.4), a sugar factory, a...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion.

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour...

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Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award as Barred by Limitation Under Section 34 of Arbitration and Conciliation Act, 1996. Petitions Filed Beyond Three Months from Receipt of Supplementary Award Cannot Be Entertained.

The petitioner, M/s. P.C.V. Traders and M/s. M.C. Vora and Co., filed two arbitration petitions under Section 34 of the Arbitration and Conciliation A...

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Bombay High Court Partly Allows Appeal by MSRTC Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Multiplier Error. Claimants' compensation reduced from Rs. 7,50,000 to Rs. 5,00,000 as deceased was 50% contributorily negligent and multiplier of 13 was corrected to 12.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Jalna, in MACP No. 01/2013, awarding compensation of Rs. 7,50,000 to the clai...

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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...