Search Results for "promissory note"

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Bombay High Court Dismisses Petitioner's Challenge to Auction Sale by Cooperative Bank for Loan Recovery. Confirmed Auction Sale Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside After Sale Certificate Issuance.

The petitioner, Shiva Sahakari Up Jal Sinchan Sanstha Ltd., a cooperative society, had taken a loan from the Nanded District Central Cooperative Bank ...

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High Court of Karnataka Allows Appeal in Promissory Note Recovery Suit — Appellate Court's Reversal of Trial Court's Dismissal Upheld. Defendant's Denial of Execution and Signature on Promissory Note Found Unsubstantiated; Presumption Under Section 118 of Negotiable Instruments Act, 1881 Applied.

The plaintiff-respondent filed a suit for recovery of Rs. 1,13,520/- based on a demand promissory note executed by the defendant-appellant on 03.04.20...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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Bombay High Court Quashes BPCL Circular Imposing Refill Ceiling Limits on LPG Distributors as Unilateral and Arbitrary. Distributorship Agreements Without Ceiling Limits Cannot Be Varied Unilaterally by Issuing Circulars.

The petitioners, seven LPG distributors of Bharat Petroleum Corporation Limited (BPCL), challenged a circular dated 4 January 2018 and a subsequent co...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Supreme Court Allows Union of India's Appeals in Excise Duty Exemption Withdrawal Case — Doctrine of Promissory Estoppel Cannot Bar Withdrawal of Exemption in Public Interest. Public Interest Overrides Individual Interest When Withdrawal of Tax Exemption Is Based on Health Hazards.

The Supreme Court of India heard three civil appeals filed by the Union of India against judgments of the Sikkim High Court and the Gauhati High Court...