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Search Results for "hand loan dispute"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Return in Summary Suit — Friendly Loan Not a Commercial Transaction Under Commercial Courts Act, 2015. The court held that a suit for recovery of a friendly loan filed under Order 37 Rule 2 CPC is not a commercial suit under Section 2(c) of the Commercial Courts Act, 2015.

6 Dec 2021

The respondent (original plaintiff) filed a Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure, 1908 (CPC) against the petit...

High Court

High Court Quashes Criminal Proceedings Against Employees of Financial Institution in Loan Impersonation Case Due to Absence of Specific Allegations and Abuse of Process. Proceedings under Sections 418, 419, 420, 465, 468, 467, 474, 120B read with 34 IPC quashed as charge-sheet lacked specific criminal role attributed to the petitioners, who were merely performing their official loan-processing duties.

22 Feb 2021

The case arose from a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings against three employee...

High Court

High Court of Bombay at Goa Dismisses Borrower's Writ Petition Challenging Award and Sale of Mortgaged Property under Multi-State Cooperative Societies Act, 1984; Bank's Recovery Proceedings and Second Sale Upheld. The Court ruled that the petitioner, as a nominal member of the bank, was bound by the loan documents and statutory provisions, and his delayed allegations of fraud and membership were insufficient to set aside the finalized award and sales.

21 Mar 2017

The petitioner, a businessman, obtained a loan of Rs.96,00,000/- from the Goa State Co-operative Bank Ltd. on 17.8.1995 for construction purposes. The...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

Supreme Court

Supreme Court Considers Appeal Against High Court Judgment Dismissing Challenge to Arbitral Award in Bill Discounting Dispute — Contractual Interest Rate of 36% Per Annum with Monthly Rests Upheld. High Court's Upholding of Arbitral Award on Interest Rate Based on Mutual Agreement Between Commercial Parties and Not Opposed to Public Policy.

1 Jan 1970

The dispute arose from a bill discounting facility extended by the respondent to a seller (BDDL) and buyer (appellant) of goods. The appellant and BDD...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Housing Loan Disbursement — No Privity of Contract Between Complainant and Bank. Complainant Not a 'Consumer' Under Section 2(1)(d) of Consumer Protection Act, 1986 as No Service Was Hired or Availed from the Appellant Bank.

20 Mar 2025

The present appeal arises from a consumer complaint filed by the respondent (original complainant) against the appellant bank before the National Cons...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Restores Conviction for Cheque Dishonour. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant once the signature on the cheque is admitted, and the accused failed to rebut the presumption of legally enforceable debt.

19 Jul 2013

The appellant, Krishna P. Morajkar, filed a criminal appeal against the judgment of the Additional Sessions Judge, Mapusa, which set aside the convict...

High Court

High Court Disposes Petitions Under Section 9 of Arbitration Act in Loan Default Cases — Financiers Sought Receiver and Injunction Against Borrower Company and Its Guarantor. Prima Facie Satisfaction of Outstanding Amounts Recorded and Interim Directions Including Status Quo Ordered Against Borrowers to Secure Claims of Rs.100 Crore and Rs.25 Crore.

21 Feb 2013

Two arbitration petitions were filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Tata Capital Financial Services Limited and L&T ...

High Court

Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

2 Apr 2019

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

26 Jul 2024

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

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