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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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Bombay High Court Quashes Abetment to Suicide Case Against Lenders Due to Lack of Instigation. Suicide Note Did Not Mention Applicants; Mere Loan Recovery Not Sufficient to Attract Section 306 IPC.

The applicants, Imran Khan and Gulnaz Khan, were lenders who had advanced money to the deceased, Jugram Lanjewar. Jugram committed suicide by hanging ...

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High Court of Judicature at Bombay Dismisses Insolvency Petition Under Presidency-Towns Insolvency Act, 1909 — Debtor Fails to Prove Inability to Pay Debts as Maintenance Order Under Hindu Marriage Act, 1955 Does Not Constitute a Debt Under Insolvency Act

The petitioner, Mehul Jagdish Trivedi, filed an insolvency petition under Section 14 of the Presidency-Towns Insolvency Act, 1909, seeking to be decla...

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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 203 CrPC — No Sufficient Grounds for Process Found After Police Investigation Under Section 202 CrPC.

The petitioner, Milind Kashinath Mahadik, filed a complaint in the Court of Judicial Magistrate First Class at Pune against respondent nos. 2, 3, and ...

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High Court of Bombay at Goa Dismisses Appeal by Complainant in Cheque Bounce Case — Acquittal Upheld as Loan for Illegal Chit Fund Business Not Legally Enforceable. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused on Preponderance of Probabilities.

The appellant, Rajendra Pangam, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Paresh B. Naik, al...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...