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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SUPREME COURT
20/12/2024
Bijoy Kumar Moni vs Paresh Manna & Anr
[A] Negotiable Instruments Act, 1881, Sections 138 and 141 - Dishonour of Cheque ? Absence of principle offender - Criminal Liability of accused ? Requirements of - Offence committed by company - Accused was prosecuted i...
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SUPREME COURT
20/12/2024
Hongkong And Shanghai Banking Corp. Ltd vs Awaz & Ors.
Banking Regulation Act, 1959 ? Sections 2, 21A, 35A and 56 - Consumer Protection Act, 1986 ? Sections 2(b) & 2(d)), 2(1)(m), 2(46), 12(c) and 13(6) - Consumer Protection Act, 2019 - Section 10 - Indian Contract Act, 1872...
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AURANGABAD BENCH
20/12/2024
Parmeshwar Shivaji Swami vs Shankar Vithoba Ilegaonkar
Negotiable Instruments Act, 1881 - Sections 118 and 138 - Code of Criminal Procedure, 1973 -Section 313 ? Presumption of validity of negotiable instruments - Respondent-complainant filed case under Section 138 NI Act a...
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BOMBAY HIGH COURT
16/12/2024
Dombivali Nagari Sahakari Bank Ltd. Thr. Its Authorised Officer Shashikant Sakharam Gawade vs The State of Maharashtra & Ors.
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 - Section 14 ? Appointment of advocate Court Commissioner to take possession of the secured asset within the meaning...
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SUPREME COURT
09/12/2024
Ravi Dhingra vs State of NCT of Delhi & Anr
Negotiable Instruments Act, 1881 ? Sections 138 and 142 ? Code of Criminal Procedure, 1973 - (BNSS 2023, Section 528) - Section 482 - Vicarious liability ? Liability of signatory of company - Maintainability of complaint...
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BOMBAY HIGH COURT
04/12/2024
Citizen Credit Co-operative Bank Ltd vs St. Sebastian Homes Co-operative Society Ltd. & Anr
Maharashtra Cooperative Societies Act, 1960 - Section 91 - Transfer of Property Act, 1882 ? Sections 105 and 108(1)(h) - Specific Relief Act, 1963 - Section 39 ? Lease ? Recovery of possession of suit premises ? Directio...
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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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