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High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

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Bombay High Court Allows Second Appeal in Money Lending Licence Renewal Case — Subsequent Renewal Covering Loan Date is Sufficient Compliance. Licence under Bombay Money Lenders Act need not be obtained before advancing loan if renewal subsequently covers the date of advancement.

The appellant, Hind Finance Industries and Investment Limited, filed a second appeal against the concurrent judgments of the trial court and first app...

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Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

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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...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...