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Bombay High Court Dismisses Writ Petitions Challenging SARFAESI Auction Sale Against Personal Guarantors. Alternative Remedy Under Section 17 of SARFAESI Act, 2002 Not Exhausted; Auction Sale Confirmed and Sale Certificate Issued.

The petitioners, M/s Utkarsh Cement Sales Pvt. Ltd. and its directors/guarantors, filed two writ petitions before the Bombay High Court (Aurangabad Be...

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Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by registered post but not actually delivered to the accused; court holds that presumption of service under Section 27 of General Clauses Act is rebuttable and not automatic.

The applicant, Girish Gangaram Chitta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR ...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Resignation by Air India. Resignation by employee was not voluntary but under duress due to trade union pressure, and employer failed to follow proper procedure under service rules.

The petitioner, Rakesh Rai, was an employee of M/s National Aviation Company of India (Air India), a government company and 'State' under Article 12 o...

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Bombay High Court Allows New Electricity Connection Without Arrears for Auction Purchaser. Purchaser of property in auction from Sales Tax Department cannot be saddled with previous owner's electricity dues under Section 24 of the Indian Electricity Act, 1910.

The petitioner, Miss Tulsa Dongre, purchased Shop No.4 of Deep Apartments from the Sales Tax Department in an open auction held on 17 October 2003 for...

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Gujarat High Court Dismisses Bank's Revision to Cancel Anticipatory Bail in Cheating Case — No Misuse of Bail or Supervening Circumstances Established. Bail Cancellation Requires Misuse of Liberty or New Adverse Facts, Not Mere Failure of Co-Accused to Repay.

The Ahmedabad Peoples Cooperative Bank Ltd. (in liquidation) filed three criminal revision applications under Section 397 read with Section 401 of the...