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Gujarat High Court Quashes FIR in Loan Dispute — Non-Repayment of Loan Does Not Constitute Cheating or Criminal Breach of Trust Under Sections 406 and 420 IPC. Civil Nature of Dispute Leads to Quashing of Criminal Proceedings as Abuse of Process.

The applicant, Bhavinchandra Suryakant Purohit, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (...

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Supreme Court Dismisses Appeal in Specific Performance Case — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence. Plaintiff Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Jaspal Singh, entered into an Agreement to Sell dated 22.06.2003 with the respondent, Ashwani Kumar, for purchase of 12 marlas of land ...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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High Court of Karnataka Quashes FIR in Cheating and Forgery Case Due to Civil Nature of Dispute. Dispute over property sale agreement held to be purely civil, not criminal, under Sections 420, 456, 466, 468, 471, 120B of IPC.

The petitioners, family members of Late Thimmarayappa, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC...

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Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

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Bombay High Court Allows Second Appeal in Property Injunction Case Due to Hearsay Evidence and Inconsistent Pleadings. Power of Attorney Holder's Testimony Based on Information from Father Held Inadmissible, and Decree for Injunction Cannot Be Granted When Plaintiff Failed to Prove Part of the Property.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants (defendants) challenged the j...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Claim. Appellants failed to prove hostile possession and ouster of co-owners, and concurrent findings of courts below were not perverse.

The case involves a property dispute between the appellants (legal heirs of Govind Baboni Gaonkar and Soku Govind Gaonkar) and the respondents (legal ...