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Bombay High Court Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Investment Dispute. Court upholds award of damages for breach of investment agreement, finding no patent illegality or perversity in arbitrator's findings.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 15th June 2017. The petitioner...

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Bombay High Court Dismisses Review Petition in Land Acquisition Compensation Case — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on the face of the record, not re-agitating merits.

The case pertains to a review petition filed by M/s National Textile Corporation Ltd. and another (the original respondents) seeking review of a judgm...

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Bombay High Court Dismisses Tenant's Petition Against Bank's Possession in SARFAESI Proceedings — Tenancy Dispute Must Be Adjudicated by DRT, Not Magistrate Under Section 14 of SARFAESI Act.

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of a property secured by Maratha Sahkari Bank Ltd., filed an intervention application befor...

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Bombay High Court Quashes Delegation of Powers by Municipal Corporation to Standing Committee and Commissioner — Ultra Vires the Maharashtra Municipal Corporations Act, 1949. General Body Cannot Delegate Its Statutory Powers to Subordinate Bodies Without Express Authority.

The petitioner, Yogesh Mangalsen Bahal, challenged a resolution passed by the General Body of the Pimpri Chinchwad Municipal Corporation on 20 June 20...

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Bombay High Court Quashes Second FIR in GCA TV Subsidy Misappropriation Case Due to Lack of New Material and Abuse of Process. Second FIR for part of same amount already covered in first FIR is not maintainable under Section 482 CrPC and Article 226 of Constitution.

The petitioner, Dayanand G. Narvekar, was the President of the Goa Cricket Association (GCA) during 2006-2007. The Board of Control for Cricket in Ind...

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Bombay High Court Dismisses MSRDC's Petition Challenging Withdrawal from Land Acquisition Under Section 48(1) of Land Acquisition Act, 1894. Subsequent Purchaser Allowed to Seek Return of Land as Acquisition Was Not Completed Within Stipulated Time.

The petitioner, Maharashtra State Road Development Corporation Ltd. (MSRDC), challenged the judgment and order dated 6th December 2005 passed by the L...