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Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

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High Court of Karnataka Quashes Stamp Duty Demand on Development Agreement — Karnataka Appellate Tribunal's Order Set Aside for Lack of Proper Consideration of Evidence and Non-Application of Mind to the Definition of 'Conveyance' Under the Karnataka Stamp Act, 1957.

The petitioners, M/s. Motwani Builders and M/s. B. Alim Builders, filed writ petitions under Articles 226 and 227 of the Constitution of India challen...

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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...

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Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Proximate Link Between Alleged Acts and Suicide. Loan Recovery Harassment Not Sufficient to Attract Section 306 IPC Without Direct Instigation or Active Participation.

The petitioners, Shripal Gangappa Chougule and Laxman Raghunath Choudhari, filed a criminal writ petition under Article 226 of the Constitution of Ind...

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Bombay High Court Dismisses State Appeal Against Acquittal in Abetment of Suicide Case — No Evidence of Instigation or Harassment Found. Suicide Note Did Not Name Accused; Allegations of Financial Irregularities Not Proven Beyond Reasonable Doubt.

The State of Maharashtra appealed against the acquittal of four respondents (Ramchandra Dadaso Ladkat-Patil, Shridhar Vishwanath Ghorpade, Janardan Sh...