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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

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Bombay High Court Upholds Arbitral Award in Loan Recovery Dispute — Time Limit for Award Held Directory. Petitioner's Objection to Arbitrator's Jurisdiction Waived Due to Participation Without Timely Objection.

The petitioner, B.K. Gopakumar, a film producer, entered into a loan agreement dated 10 November 1992 with the respondent, National Film Development C...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Compliance Officer in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not Liable Without Specific Allegations of Their Role in the Offence Under Sections 405, 406, 415, 120-B IPC.

The judgment pertains to two criminal writ petitions filed by the accused persons in a private complaint lodged by Sudhakar Talapurkar (respondent No....

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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Directors of Bullion Firms Not Liable for Criminal Breach of Trust. Dispute Over Gold Loan Repayment and Return of Gold Bars Held to Be Purely Civil, Not Attracting Sections 406, 420 IPC.

The applicants, directors of Banka Bullions and G.K. Trexim, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) see...

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Bombay High Court Dismisses PIL Seeking Inquiry into NCDC Loan Scheme for Powerloom Societies — No Public Interest Element Established as Petitioner Failed to Show Any Personal Injury or Violation of Statutory Duty.

The petitioner, Arun Mahadev Jadhav, described himself as a citizen who believed that government funds should not be misappropriated. He filed a writ ...

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Bombay High Court Allows Petition by Supplying Agent in Co-operative Dispute Over Seed Liability — Petitioner Not Liable as It Was Not a Party to the Loan Transaction. Co-operative Appellate Court Exceeded Jurisdiction in Review by Fixing Liability on Non-Party.

The petitioner, Nanded Zilla Krushi Audyogik Society Ltd., filed a writ petition challenging two orders of the Maharashtra State Co-operative Appellat...

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Bombay High Court Acquits Husband in Part in Dowry Death Appeal. Conviction under Section 306 IPC set aside due to lack of evidence of abetment, but conviction under Section 498A IPC upheld for cruelty.

The appellant, Somnath Yeshwant Shirsat, was convicted by the Additional Sessions Judge, Nashik for offences under Sections 498A and 306 of the Indian...