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Bombay High Court Upholds Restoration of Winding Up Petition and Appointment of Official Liquidator in Consent Terms Default Case. Clause 4 of consent terms provided for automatic appointment of Official Liquidator on two consecutive defaults, and subsequent MoU did not supersede the consent terms.

The respondent, Wall Street Finance Ltd., filed Company Petition No.298 of 1997 against M/s. Corporate Couriers Ltd. and others (the appellants) for w...

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Gujarat High Court Upholds Conviction Under Section 138 NI Act but Modifies Sentence to Fine in View of Full Deposit of Cheque Amount. Offence under Section 138 NI Act is quasi-criminal and compoundable; once entire cheque amount is deposited, sentence of imprisonment can be substituted with fine.

The applicant-accused was convicted by the learned 9th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.15001 of 2017 for the offenc...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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Gujarat High Court Modifies Sentence in Section 138 NI Act Case to Period Already Undergone After Full Compensation Deposit. Conviction for Cheque Dishonour Upheld but Imprisonment Reduced as Accused Deposited Double the Cheque Amount Under Section 138 Negotiable Instruments Act, 1881.

The applicant, Bhupendrabhai Hirjibhai Patel, was convicted by the learned Additional Chief Judicial Magistrate, Gondal in Criminal Case No.1329 of 20...

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Bombay High Court Dismisses Petition Challenging Execution Court Orders in Arbitral Award Enforcement — Calculation of Amount Payable Under Award Upheld

The Petitioner, Konkan Railway Corporation Pvt. Ltd., a public sector undertaking, awarded a construction contract to the Respondent, M/s. B. T. Patil...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice on Accused.

The petitioner, Jogen C. Thakkar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of C...

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Bombay High Court Dismisses Petition Challenging Magistrate's Order Allowing Additional Evidence in Cheque Dishonour Case. Opportunity for Cross-Examination Preserved, No Prejudice to Accused Under Section 138 Negotiable Instruments Act, 1881.

The petitioner, Karim Hasan Patel, was the accused in a complaint filed by respondent No. 2, Nasir Haji Mohammad Shaikh, under Section 138 of the Nego...