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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute. Dispute Arising from Business Transaction for Onion Supply Held Not to Attract Criminal Offences Under Sections 409, 420 IPC as Ingredients of Criminal Breach of Trust and Cheating Not Made Out.

The applicant, Surendrakumar Bhagat, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.221 of...

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Bombay High Court Allows Landlord's Petition in Rent Default Case — Eviction Decree Restored. Tenant's failure to pay rent for over six months constitutes wilful default under Section 22(2)(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The petitioners, landlords of a commercial premises, sought eviction of the respondent tenant on the ground of default in payment of rent under Sectio...

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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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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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Bombay High Court Dismisses Defendant's Application for Discovery and Inspection in Gas Supply Contract Dispute. No Contractual Relationship Established as GSPA Not Signed.

The plaintiff, NTPC Limited, filed a suit against Reliance Industries Limited seeking a declaration that no contract existed between them for the supp...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...