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Supreme Court

Supreme Court Allows BSFC Appeal, Upholds Auction Sale Under Section 29 of SFC Act Despite Concurrent Findings of Trial Court and High Court. Borrower's Persistent Default and Failure to Discharge Liability Justifies Corporation's Statutory Power to Sell Mortgaged Property Without Interference by Civil Court.

1 Jan 2026

The case involves an appeal by the Bihar State Financial Corporation (BSFC) against a judgment of the Patna High Court which affirmed a trial court de...

High Court

Bombay High Court Allows Second Appeal in Property Partition Suit — Reverses Concurrent Findings of Courts Below. Dispute over ancestral property and limitation period under Article 65 of Limitation Act, 1963 — Held that the suit for partition was not barred by limitation as the appellant's possession was not adverse.

8 Sep 2025

The present second appeal arises from a suit for partition and separate possession filed by the appellants, Mahadeo Sitaram Navale and Chaturabai Maha...

High Court

Bombay High Court Dismisses Discharge Petition in CBI Bank Fraud Case — Petitioner Not Entitled to Discharge as Prima Facie Case Exists Under Sections 420, 468, 471 IPC and Prevention of Corruption Act. The court held that at the stage of framing charges, only a prima facie case is required, and the material on record indicated the petitioner's involvement in the conspiracy to cheat the Central Bank of India of Rs.17 Crores.

9 Jan 2024

The petitioner, Arvind Sethi, accused no.3 in CBI Special Case No.4 of 2018, filed a writ petition challenging the order dated 27/9/2019 passed by the...

High Court

High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

9 Oct 2023

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Arbitral Award in Counter Guarantee Dispute. Claim Barred by Limitation and Failure to Prove Invocation of Guarantee.

11 Mar 2015

The petitioner, Punjab and Maharashtra Co-op. Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging ...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Education Loan Recovery — Triable Issues Raised Regarding Bank's Negligence and Limitation. The court held that where a defendant raises a plausible defence involving disputed questions of fact, unconditional leave to defend must be granted under Order 37 Rule 3 of the Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Dena Bank, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against defendant nos. 1 to 3 (borrower, co-borrow...

High Court

Bombay High Court Allows Complainant's Revision in Cheating and Forgery Case — Restores Magistrate's Order Issuing Process. Held that the Sessions Court erred in quashing process at the initial stage as there was a prima facie case under Sections 420, 465, 467, 471, 403 read with 120B IPC.

6 May 2011

The case involves a Criminal Revision Application filed by the original complainant, Rajeev Sawhney, challenging an order dated 13.8.2008 passed by th...

High Court

Bombay High Court Dismisses Bank's Petition to Quash Criminal Complaint in Loan Dispute — Civil Nature of Dispute Precludes Criminal Investigation. The court held that a loan transaction with clear terms does not give rise to criminal liability for cheating or criminal breach of trust, and quashed the complaint.

5 Apr 2005

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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