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Bombay High Court Dismisses Insurance Company's Petition Challenging Ombudsman Award in Favor of Widow in Housing Loan Insurance Claim. Non-Disclosure of Pre-Existing Conditions Not Material to Risk, Ombudsman's Award Upheld.

This case involves a widow, Gauri V. Raut (Respondent No. 2), whose husband, along with her father-in-law and brother-in-law, passed away within a spa...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Complainant Company's Loan to Employee and Cheque Issuance for Repayment Established, Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, M.V. Joseph, a ...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque Issued for Repayment of Housing Loan. Court Holds That Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Stands in Favour of Complainant and Accused Failed to Rebut It.

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M.V. Joseph, who...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Penalty Case. Journal Entry Set-off for Loan Repayment Does Not Violate Section 269T of Income Tax Act, 1961, as It Is Not a Repayment but an Adjustment of Mutual Claims.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted the penalty ...