Judgments
Reported decisions from the Bombay High Court and other courts in the archive. Sign in to read the full text and download a PDF.
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BOMBAY HIGH COURT (GOA BENCH)
27/11/2024
Mr. Jerry D’Souza & Ors. vs Mr. Joaquim Antonio Fernandes & Ors
Negotiable Instruments Act, 1881 - Section 138 ? Criminal Procedure Code, 1973 ? Sections 397 and 353(3) - (BNSS 2023, Sections 438 and 392 (3)) ? Dishonour of cheques due to insufficient funds in the bank account of pet…
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BOMBAY HIGH COURT (AURANGABAD BENCH)
22/11/2024
S. Saraswathi Sankar vs Sofiya Entertainment Pvt. Ltd., Through its Director and Owner, Mr. Munir Kadar Shaikh
Negotiable Instruments Act, 1881 Section 138 and Section 141 ? Maintainability of complaint u/s 138 - Quashment of proceedings - Whether the complaints u/s 138 of the N.I. Act, are maintainable as against the Director of…
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BOMBAY HIGH COURT (GOA BENCH)
21/11/2024
Mr. Vijay Pandurang Joshi vs Mr. Sandeep M. Shet & Anr
[A] Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Revision against order of conviction ? Exercise of power by High Court ? Scope of - When the Accused is keeping silent on the receipt of legal notice and is n…
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BOMBAY HIGH COURT
19/11/2024
Aditya Birla Finance Limited vs Paul Packaging Private Limited
Arbitration and Conciliation Act, 1996 ? Sections 7 and 11(6) - Securitisation and Reconstruction of Financial Assets and enforcement of Security Interest Act 2002 ? Sections 13(2) and 17(1) - Appointment of sole Arbitr…
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BOMBAY HIGH COURT (NAGPUR BENCH)
18/11/2024
M/s. Kamakshi Constructions, Through Its Proprietor Mr. Ravi S/o Ramesh Muthal vs Electrical Centre, Through Its Proprietor Mr. Avinash S/o Sunil Shinde
Negotiable Instruments Act, 1881 - Section 138 ? Dishonour of cheques - Appellate Court has confirmed the conviction of the applicant/accused - Scope of revisional jurisdiction - Applicant/accused failed to make payment …
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SUPREME COURT
05/11/2024
Dr. (Ms.) Arfa Khan & Anr. vs State of U.P. & Anr.
Negotiable Instruments Act, 1881 - Section 138 ? Dishonour of cheque ? Maintainability of proceedings - Complainant and appellants are close relatives ? Two cheques given by appellants to respondent no. 2 ? Cheques were …
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SUPREME COURT
21/10/2024
Bijay Agarwal vs M/s Medilines
Negotiable Instruments Act, 1881 - Sections 138, 141, 143A and 148 ? Power of appellate court in an appeal against conviction to direct interim compensation ? Sentence was suspended by trial court with condition to depos…
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BOMBAY HIGH COURT (GOA BENCH)
01/10/2024
Shri. Shivnath Suryoba Gaonkar vs The Bicholim Marchant Urban Cooperative Credit Society Pvt. Ltd. & Ors
Negotiable Instruments Act, 1881 - Section 138 Proviso (b) - General Clauses Act, 1897 - Section 10 - Notice under Section 138(1)(b) ? Violation of Section 138(b) of Act - Whether notice as contemplated under section 138…
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BOMBAY HIGH COURT
01/10/2024
Jankalyan Sahakari Bank Ltd. vs The Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai & Ors
Maharashtra Co-operative Societies Rules, 1961 ? Rule 107(19)(a) - Maharashtra Co-operative Societies Act, 1961 ? Sections 101, 156(2) and 165 - Constitution of India - Article 227 - Recovery proceedings against borrower…
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BOMBAY HIGH COURT (NAGPUR BENCH)
30/09/2024
Sanjay Gajanan Dhawas vs Mosin Sayeed Sheikh
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal ? Leave to file an appeal against the acquittal ? Permissibility of - Dishonour of cheque due to insufficient funds ? Burden to prove the existenc…
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BOMBAY HIGH COURT (NAGPUR BENCH)
23/09/2024
Union Bank of India vs State of Maharashtra and Ors
[A] Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 14 ? Recovery of loan by bank - Forfeiture of land by Sub Divisional Officer mortgaged with bank - Jurisdic…
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BOMBAY HIGH COURT (NAGPUR BENCH)
09/09/2024
Umang Ferro Alloys Pvt. Ltd. vs M/s. Krishna Enterprises
Negotiable Instruments Act, Section 138 - Code of Criminal Procedure, 1973, Section 256 ? (BNSS 2023, Section 279) - Dismissal of complaint for want of prosecution ? Accused was acquitted - Complainant failed to take ste…
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