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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case — Dishonour of Cheque Due to Insufficient Funds. Conviction Set Aside as Complainant Failed to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The revision petition was filed by Smt. Gouri, the accused, challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881. The ...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

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Bombay High Court Upholds Compulsory Retirement of Bank Manager for Misconduct in Loan Sanctions. Disciplinary Proceedings Valid as Charges of Failing to Exercise Due Diligence and Integrity in Sanctioning Loans Were Established, and Penalty Not Disproportionate.

The petitioner, R.M. Yadav, was a Branch Manager at Bank of India's Agardanda branch. In 2003, disciplinary proceedings were initiated against him for...

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Bombay High Court Acquits Appellants in Corruption Case Due to Unreliable Trap Witness. Conviction under Sections 7, 13(2) read with 13(1)(d) and Section 12 of Prevention of Corruption Act, 1988 set aside as sole trap witness was a stock witness and evidence lacked corroboration.

The case involves two appeals against conviction under the Prevention of Corruption Act, 1988. The appellant Gopal Gadhave (accused no.1) was convicte...

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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 operates in favour of complainant once issuance and signature are admitted, shifting burden on accused to rebut.

The appellant, Pandurang Ramchandra Ghorpade, filed two criminal appeals against the acquittal of respondent No.1, Vijay Gopala Lohar, in two separate...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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Bombay High Court Grants Interim Injunction in Pledge Dispute Over Shares. Court Restrains Transfer of Pledged Shares and Orders Deposit of Surplus Sale Proceeds Pending Suit.

The Plaintiff, Pushpanjali Tip Up Pvt. Ltd., filed a suit against Mrs. Renudevi Choudhary and others concerning shares pledged as security for loans. ...