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Supreme Court examines High Court order staying disciplinary proceedings against bank employee pending criminal trial. High Court had directed stay until recording of prosecution evidence, citing prejudice and Clause 4 of Bipartite Settlement.

The appeal before the Supreme Court arose from a High Court decision staying disciplinary proceedings against a bank employee pending the recording of...

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Bombay High Court Dismisses Arbitration Petition Challenging Award on Share Sale Proceeds. Court upholds arbitrator's finding that petitioner signed mandate letter for sale of shares and loan repayment, rejecting allegations of fraud and forgery.

The petitioner, Jackie Kukubhai Shroff, and the respondent, Ratnam Sudesh Iyer, were shareholders in Atlas Equipfin Pvt. Ltd. (Atlas), which held shar...

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Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

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Bombay High Court Upholds Disqualification of Sarpanch for Interest in Contracts Under Section 14(1)(g) of Maharashtra Village Panchayats Act, 1958. Payments to Husband's Relatives Constitute Disqualification.

The petitioner, Archana Neharkar, was the Sarpanch of Kutewadi Grampanchayat in Beed district. She was disqualified by the Collector, Beed, on 5 Janua...

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Bombay High Court Allows Accused's Petition in Negotiable Instruments Act Case Due to Lack of Proper Service of Notice. Dishonour of Cheque Complaint Quashed as Complainant Failed to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Shabbir Abdul Rahman Shaikh, was the original accused in a complaint filed by the respondent, Parnerkar Nagari Sahakari Pathsanstha Ma...

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Bombay High Court Allows Quashing of Proceedings in Cheque Dishonour Case Due to Lack of Vicarious Liability of Partners and Employees. Partners and employees not shown to be in charge of or responsible for conduct of business at time of offence under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) seeking quashing...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...