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Bombay High Court Allows Writ Petition for Interest on Seized Amount Returned Without Interest Under FERA. Court holds that interest is payable on amounts seized and retained by the Enforcement Directorate when ultimately returned to the owner, applying principles of restitution and equity.

The petitioners, M/s R.K. Jewellers (a partnership firm) and M/s N.B. Exports (a proprietary concern), filed a writ petition under Article 226 of the ...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case, Reduces Fine Amount. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding cheque issued for repayment of loan.

The case arises from a complaint filed by M/s. Meenakshi Developers (respondent/complainant) against Sri V.V. Chari (petitioner/accused) under Section...

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Supreme Court Reverses High Court's Order for Accounts; Holds Export Transactions as Sales Not Agency. Distinction Between Sale and Agency Clarified Under Indian Contract Act, 1872, Based on Contractual Terms and Course of Dealing.

The dispute arose between a trader in hides and skins (respondent) and an exporter (appellant) over the nature of their contractual relationship durin...

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High Court of Karnataka Delivers Judgment in Regular Second Appeal Under Section 100 CPC Regarding Poojaraki Rights and Injunction. Appeal Filed by Defendants Against Concurrent Decrees of Lower Courts Partly Decreeing Suit for Declaration and Permanent Injunction.

The case concerned a dispute among the Bhavi family members, who are hereditary pujaris of the Prabhudev temple in Terdal, Jamakhandi. The plaintiffs,...

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Bombay High Court Hears Second Appeal Against Setting Aside of Specific Performance Decree—Expedited Hearing Ordered Despite Adjournment Requests. The appeal, admitted on questions of law, was treated as part-heard and oral judgment delivered after refusal to grant further time.

The High Court of Judicature at Bombay, Bench at Nagpur, heard Second Appeal No. 210/2013 arising from a suit for specific performance of an agreement...