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Karnataka High Court Hears Defendant's Appeal Against Specific Performance Decree. Trial Court Directs Execution of Sale Deed for Agricultural Land After Finding Valid Agreement of Sale.

The litigation arose from a suit for specific performance of an agreement of sale pertaining to agricultural land measuring 11 acres 21 guntas situate...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

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Madras High Court Adjudicated a Commercial Suit for Recovery of Chit Maturity Amount Against a Partnership Firm and Partners. The plaintiff claimed the maturity value based on an acknowledgment of liability and promissory estoppel, while the defendants raised a prior suit for injunction and accounts.

The plaintiff, a construction company, filed a commercial suit against a partnership firm (first defendant) and its partners (defendants 2 to 6) for r...

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High Court of Karnataka Examines Validity of SARFAESI Act Auction Sale Where Title Derived from Alleged Forged Documents. Court Considers Whether Auction Purchaser is Entitled to Refund of Sale Consideration on Ground of Fraud.

The writ petition was filed by M/s Paramount Constructions Company challenging the sale certificate dated 10.10.2014 issued by the Authorised Officer ...

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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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Supreme Court Allows Appeal Against Dismissal of Quashing Petition in Agreement to Sell Dispute — Civil Nature of Transaction Precludes Criminal Prosecution. Breach of Contract Does Not Attract Offences Under Sections 406 and 420 IPC Without Fraudulent Intent at Inception.

The present appeal arose from a judgment of the Allahabad High Court dismissing an application under Section 482 CrPC filed by the appellants, Kunti a...