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Bombay High Court Quashes Process in NI Act Complaint Due to Bar Under SICA Section 22A. Proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot continue against a sick company without BIFR consent.

The petitioners, a company and its directors, challenged the order dated 20.04.2018 passed by the 25th Joint Civil Judge (Junior Division) and Judicia...

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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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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Quashing of Complaint Set Aside. Sufficiency of Averments Under Section 141 NI Act for Partner Liability Determined on Holistic Reading of Complaint.

The appeal arose from a judgment of the High Court of Judicature at Hyderabad which quashed criminal proceedings against the first respondent (a partn...

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Bombay High Court Quashes Criminal Proceedings Against Directors in CBI Case for Lack of Sanction Under Section 197 CrPC. Directors of Companies Cannot Be Prosecuted Without Prior Sanction as They Were Public Servants Under the Prevention of Corruption Act, 1988.

The case involves two criminal revision applications filed by directors of companies against whom the CBI had initiated prosecution. The applicants we...

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Gujarat High Court Dismisses Wife's Appeal Challenging Mutual Consent Divorce Due to Non-Payment of Alimony. Court Holds That Once Full Payment Is Made During Pendency of Appeal, No Ground Survives to Challenge the Divorce Decree Under Section 13B of Hindu Marriage Act, 1955.

The appellant-wife, Sona Newandram Sharma, filed a First Appeal under Section 19 of the Family Courts Act, 1984, challenging the judgment and order da...

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High Court of Karnataka Delivers Judgment in Second Appeal Concerning Validity of Sale Deed of Tataguni Estate. The dispute centered on the execution and registration of a sale deed by the original owner and the alleged obstruction by her private secretary in completing the transaction.

The second appeal before the High Court of Karnataka arose from a judgment of the first appellate court which had decreed the suit of the plaintiff co...

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Bombay High Court Upholds Conviction for Rape and Robbery in Case of False Promise of Marriage. Court holds that sexual intercourse on false promise of marriage constitutes rape under Section 375 IPC and that theft during such act amounts to robbery under Section 390 IPC.

The case involves two appeals: Criminal Appeal No. 467 of 2012 filed by the convict Anand Singh challenging his conviction and sentence, and Criminal ...

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High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The appellant, M. Nagappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and order of acq...