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Bombay High Court Quashes FIR in Money Lending and Forgery Case Due to Malafide Complaint and Suppression of Facts. Repeated complaint on same allegations after earlier quashing amounts to abuse of process under Section 482 CrPC.

The applicants, Anup Dodiya and Niranjan Dodiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashi...

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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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Madras High Court Upholds Dismissal of Bank Manager in Loan Misconduct Case. Disciplinary Action for Violating Service Regulations and Causing Financial Loss to Bank Justifies Removal from Service.

The case involves a Writ Appeal filed by the Tamil Nadu Grama Bank (formerly Pandyan Grama Bank) against an order of a Single Judge of the Madras High...

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Bombay High Court Quashes FIR Against Accused in Money-Lending Case Due to Inordinate Delay of 33 Years. FIR under Section 39 of Maharashtra Money-Lending (Regulation) Act, 2014 Quashed as Abuse of Process Where Transaction Occurred in 1982 and Civil Suit Pending.

The petitioner, an 85-year-old woman, filed a writ petition seeking quashing of FIR No.21/2015 registered against her under Section 39 of the Maharash...