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Bombay High Court Quashes Criminal Proceedings in Forgery Case Due to Lack of Sanction Under Section 195 CrPC — Complaint Based on Alleged Forged Document Used in Civil Suit Requires Prior Sanction for Prosecution Under Sections 463, 464, 465, 466, 470, 471, 196 IPC.

The applicants, Sumitrabai Trimbak Khanderay and Trimbak Tukaramji Khandaray, filed a criminal application under Section 482 CrPC seeking to quash the...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Stock Brokerage Dispute — Upholds Award for Squaring Off Due to Margin Default. Member-Client Agreement and Electronic Contract Notes Establish Liability for Margin Shortfall Under Byelaws of Stock Exchange.

The petitioner, Sizarali M. Dodhia, a constituent of the respondent, Angel Capital & Debt Market Ltd., entered into a member-client agreement on 21 Au...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute. Agreement to Sell Land Between Housing Society and Landowner Does Not Attract Criminal Offences Under Sections 420, 468, 471, 447 IPC.

The applicant, Indrajitsingh Jogindersingh, was accused no. 10 in Crime No. 131/2006 registered at Police Station Gittikhadan, Nagpur, for offences un...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

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Bombay High Court Grants Bail to Alleged Maoist Members in UAP Act Case — Insufficient Evidence of Terrorist Activity. Mere Membership of Banned Organization Without Active Participation Does Not Attract Stringent Bail Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967.

The judgment concerns two bail applications filed by Jyoti Babasaheb Chorge (Accused No.4) and Sushma Hemant Ramtekke (Accused No.2) in Sessions Case ...