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Bombay High Court Grants Anticipatory Bail to Accused in Cheque Bounce Case — Petitioner Allowed to Furnish PR Bond. Court holds that custodial interrogation is not warranted when the accused is willing to cooperate and the offence is bailable under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Shankesh Prithviraj Sanghvi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of th...

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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...

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Bombay High Court Adjudicates Civil Revision Application Against Plaint Rejection in MHADA Redevelopment Dispute. Tenants Challenge Jurisdiction of Small Causes Court Under Maharashtra Rent Control Act and MHADA Act.

The case involved multiple civil revision applications filed by tenants of Laxmi Building, Mumbai, before the High Court of Judicature at Bombay, chal...

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Bombay High Court Adjudicates Application for Enforcement of Scheme in Sanghi Motors (Bombay) Limited. Scheme formulated under Sections 397, 398, 402 of Companies Act, 1956 involves transfer of oxygen undertaking assets and cylinders.

The matter pertains to Company Application No.328 of 1990 arising out of Company Petition No.128 of 1985, filed before the High Court of Judicature at...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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APPEAL FROM ORDER NO. 835 OF 2022

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