Search Results for "Cooperative Bank"

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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Bombay High Court Dismisses Petition Challenging Interpretation of Cooperative Bank Bye-laws — No Separate Voter Constituencies Created. Bye-laws 29(1) and 29(2) only prescribe eligibility for directors, not separate voter constituencies; all members can vote for all directors.

The petitioner, a member of the respondent No.3 Bank, challenged the interpretation of bye-laws 29(1) and 29(2) of the Bank. The petitioner contended ...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

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Bombay High Court Allows Probate Petition for Will Executed by NRI in Ecuador. Will executed abroad by Non-Resident Indian held valid under Section 63 of Indian Succession Act, 1925, and probate granted to executor in Mumbai.

The petitioner, Sarwan Kumar Jhabarmal Choudhary, filed a testamentary petition (L) No. 6300 of 2024 in the Bombay High Court seeking probate of the L...

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High Court Allows Accused to File Affidavit in Lieu of Oral Evidence in NI Act Case — Section 145(2) of Negotiable Instruments Act, 1881 Permits Accused to Give Evidence on Affidavit, Reversing Trial Court's Rejection.

The petitioner, Afzal Pasha, was the accused in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pending before the XIV Ad...