Search Results for "loan defense"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "loan defense"

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Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

28 Jun 2024

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan — Defendant Raises Triable Issue Regarding Nature of Transaction as Payment for Machinery, Not Loan.

29 Aug 2023

The plaintiff, Anjali Sales Corporation, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 (CPC) seeking a decree fo...

High Court

High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

23 Aug 2023

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

20 Nov 2020

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

High Court

Bombay High Court Acquits Appellant in Criminal Misappropriation Case Under Prevention of Corruption Act — Loan Default Does Not Constitute Criminal Misappropriation. Entrustment of Property Not Established as Loan Was Granted, Not Entrusted, and Default in Repayment Does Not Attract Section 13(1)(c) of Prevention of Corruption Act, 1988.

8 Oct 2020

The appellant, an Upper Division Clerk (In-charge Cashier) at the Passport Office, Panaji-Goa, was convicted by the Special Judge, North Goa at Panaji...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Suit Against Guarantors Barred by Limitation. The court held that the cause of action against guarantors arose on the date of the loan agreement, not the promissory note, and the suit filed after three years was barred under Article 55 of the Limitation Act, 1963.

26 Jul 2017

The appeal was filed by defendant Nos.3 to 6 (guarantors) against the judgment and decree dated 13.12.2010 passed by the I-Additional Senior Civil Jud...

High Court

High Court of Bombay Upholds Compulsory Retirement of Bank Manager in Disciplinary Proceedings — Charges of Financial Irregularities and Lack of Integrity Proven. The Court held that the disciplinary authority's findings were based on evidence and the penalty of compulsory retirement was proportionate to the misconduct under the Bank of India Officer Employees' (Conduct) Regulations, 1976.

25 Oct 2016

The petitioner, R.M. Yadav, was a Branch Manager at Bank of India's Agardanda branch. In 2003, disciplinary proceedings were initiated against him bas...

High Court

High Court of Karnataka Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Failure to Prove Intent. Conviction under Section 307 IPC set aside as prosecution failed to establish beyond reasonable doubt that the accused had the requisite intention to cause death.

3 Feb 2014

The case arises from a criminal appeal filed by Mallikarjuna Reddy and K. Parameshwara Reddy against their conviction by the Principal Sessions Judge,...

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