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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over hotel sale agreement held to be purely contractual, not warranting criminal prosecution under Sections 419, 420, 465, 467, 468, 471 read with 34 of IPC.

The judgment pertains to two connected criminal petitions filed by the accused persons (petitioners) seeking quashing of a complaint and FIR registere...

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Bombay High Court Upholds Arbitral Award in Limitation Dispute Between Contractor and Municipal Corporation. Court holds that cause of action for arbitration arose on rejection of claim by Commissioner on 6th January 2000, not on earlier dates, and thus reference was within limitation.

The case involves two appeals filed by M/s. R.N. Ghanekar & Co. (Appellant) and the Municipal Corporation of Greater Mumbai (Respondent) against a com...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...

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Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Cooperative Bank Loan Recovery Case. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996 and Section 84 of Multi-State Cooperative Societies Act, 2002, finding no grounds for interference.

The petitioners, Vedansh Hospitality and Resorts Limited and two individuals, were original respondents in an arbitration proceeding initiated by New ...