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Supreme Court Facilitates Settlement in Consumer Dispute Involving Flat Buyers, Builder, and Bank Under Consumer Protection Act. Court Records Amicable Resolution Terms Including Waiver of Charges, Interest Discounts, and Payment Adjustments, Directing Compliance with Timelines.

The Supreme Court dealt with appeals under Section 23 of the Consumer Protection Act, 1986, against a common judgment of the National Consumer Dispute...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Supreme Court Quashes Criminal Proceedings Against Guarantors in Bank Fraud Case Due to Settlement — Wives of Main Accused with No Active Role Entitled to Relief. Settlement of Civil Dues and Lack of Specific Role Justify Quashing of Charges Under Section 482 CrPC.

The Supreme Court allowed the appeal filed by K. Bharthi Devi and another (Accused Nos. 3 and 4) against the judgment of the High Court of Judicature ...

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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...