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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

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High Court of Bombay at Goa Corrects Classification of Police Report in Vehicular Accident Case Where Accused Died. Court Holds That When Case Is True and Detected but Accused Expired, Report Should Be Closed as Abated, Not as A-Abated Summary Under Bombay Police Manual, 1959.

The petitioner, mother of the deceased motorcycle rider Antonio Loreto Nascimento Da Costa, filed a criminal writ petition under Section 482 of the Co...

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Supreme Court Quashes Criminal Proceedings in Loan Dispute, Distinguishes Civil Breach from Criminal Offence. Court holds that mere inability to repay loan does not constitute cheating or criminal breach of trust without fraudulent intention from inception.

The Supreme Court allowed an appeal against the Gujarat High Court's order dismissing a petition to quash criminal proceedings. The appellant, a retir...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

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Bombay High Court Dismisses Winding Up Petition Based on Ex-Parte US Default Judgment — Foreign Decree Not a Debt Under Section 433(e) Companies Act, 1956 Without Satisfying Conditions for Enforcement in India.

The petitioner, Marine Geotechnics LLC, an American company, obtained an ex-parte default judgment against the respondent, Coastal Marine Construction...

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High Court Directs Deputy Commissioner to Expedite Disposal of Appeals Under Karnataka SC/ST (PTCL) Act, 1978. Petitioner, a respondent in appeals under Section 5A, sought mandamus for expeditious disposal; court directed disposal within three months.

The petitioner, P. Basavaraju, was a respondent in two appeals bearing PTCL Nos. 19/2012-13 and 06/2013-14 filed under Section 5A of the Karnataka Sch...