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Bombay High Court Quashes Pre-deposit Condition in NI Act Appeal for Lack of Reasons. Section 148 NI Act Order Set Aside as Arbitrary, Directs Reconsideration Without Pre-deposit.

The petitioner, Nurallah Kamruddin Veljee, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Trial Court and sentenced to...

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Bombay High Court Allows Writ Petition Against Revenue Authorities for Failing to Execute Decree Despite Supreme Court Confirmation. Court Directs Tahsildar to Execute Decree Within Six Weeks, Imposes Costs for Vexatious Litigation.

The petitioner, Gangabai Ramrao Patil, entered into an agreement to sell land with the respondents in 1973. When the respondents failed to execute the...

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Karnataka High Court Dismisses Writ Petition Seeking Declaration of Withdrawal from Land Acquisition for Gavipuram Extension Layout. Court Holds That Section 48(1) Notification Not Gazetted Is Ineffective and Acquisition Completed in 1987 Bars Withdrawal.

The petitioners, legal representatives of original grantees of 2 acres and 20 guntas of land in Sy. No. 26 of Nagadevanahalli Village, Bangalore, soug...

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High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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High Court Allows Criminal Petition, Quashes Trial Court Order Rejecting Deferment of Cross-Examination Under Section 231(2) Cr.P.C. -- Accused in IPC Offences Including Section 302 Granted Relief to Prevent Prejudice in Defence Disclosure

The petitioners, accused in a sessions case involving grave offences under the IPC, sought deferment of cross-examination of witnesses under Section 2...

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Bombay High Court Dismisses MSFC's Petition Challenging DRAT Order Granting Cross-Examination in Loan Recovery Case. Right to Cross-Examine Affidavit Deponent Is a Valuable Right Not Barred by Rule 12(6) of DRT Procedure Rules.

The petitioner, Maharashtra State Financial Corporation (MSFC), filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...