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
20/08/2024
Bank of India & Anr vs Debasish Bosu Roy Chowdhury & Ors
Indian Penal Code, 1860 - Sections 406, 420, and 471 ? Interim compensation - A one-time settlement (?OTS?) was executed between the bank and respondent No. 1 (loanee) for a paltry sum of Rs.1,80,000/- - Said amount was...
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BOMBAY HIGH COURT
07/08/2024
Shankar Apparao Mate and Anr vs Jagganath Jayram Shinde Through Power of Attorney and Ors.
Money Lending Act, 2014 - Sections 16 and 18 ? Transfer of Property Act, 1882- Section 58(c) - Money Lending Suit ? Respondent no. 3 hold that, as per the Return Sale Receipt, the petitioner No.1 has not executed the re-...
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BOMBAY HIGH COURT (NAGPUR BENCH)
03/08/2024
Sachin s/o Vithalrao Gajbhiye vs Sanjay Tulshiram Sawarkar (Dead) through Legal Representative Madhuri Wd/o Sanjay Sawarkar
Negotiable Instruments Act, 1881 ? Sections 138 and 139 - General Clauses Act, 1897 - Section 27 - Accused convicted by trial court - Cheque was dishonoured on the ground of ?insufficient funds? in the account of the acc...
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SUPREME COURT
24/07/2024
Shri Gurudatta Sugars Marketing Pvt. Ltd vs Prithviraj Sayajirao Deshmukh & Ors
Negotiable Instruments Act, 1881 - Sections 138, 143A, 141- Code of Criminal Procedure, 1974 - Section 258 - Insolvency and Bankruptcy Code, 2016 - Section 14 ? Liability to pay interim compensation - Vicarious liability...
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BOMBAY HIGH COURT
11/07/2024
Rajendra Ganpat Waje And Ors vs Divisional Joint Registsrar, Co-operative Societies, Pune Div. Pune And Ors.
Maharashtra Co-operative Societies Act, 1960, Sections 99 and 101 ? Recovery proceedings ? Transfer of immovable property during recovery proceedings ? Section 99 of the MCS Act, does not grant any protection, to transac...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
27/06/2024
Vijayalaxmi Traders, Through its Proprietor, Sandeep Uttamrao Lagame vs The Divisional Joint Registrar & Ors
Maharashtra Co-operative Societies Act, 1960 - Section 101 - Recovery proceedings ? Principle of natural justice ? Ex-parte order has been passed and recovery certificate has been issued, which is in gross violation of p...
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BOMBAY HIGH COURT (AURANGBAD BENCH)
27/06/2024
The Assistant General Manager, Stressed Assets Manager, State Bank of India & Ors vs Sow. Mangala w/o Pannalal Murkya & Ors
Civil Procedure Code, 1908 - Order 7 Rule 11 ? Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 34 ? Rejection of plaint ? Application for rejection of plaint...
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BOMBAY HIGH COURT (GOA BENCH)
26/06/2024
Mr. Jose Antonio Fernandes vs VPK Urban Co-op Credit Society Ltd
Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Dishonour of cheque ? Liability to repay the loan - Presumption - Trial found that cheque was signed by accused and therefore, the presumption under Section 139 i...
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BOMBAY HIGH COURT
10/06/2024
M/s. Paper Box Company of India vs Cosmos Co-operative Bank Ltd. & Ors
[A] Transfer of Property Act, 1882 - Sections 53-A, 54 and 55 - Maharashtra Co-Operative Societies Act, 1960 ? Section 95(3) ? Civil Procedure Code, 1908 ? Order 38 Rule 5 and Order 39 Rules 1 and 2 ? Recovery of outstan...
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BOMBAY HIGH COURT
10/05/2024
Kores (India) Ltd vs Ashish Kumar Ahooja & Ors.
Negotiable Instruments Act, 1881, Sections 139 and 138 ? Appeal against acquittal - Liability and issuance of cheques - Rebuttal of presumption - All the cheques were dishonoured for the reason 'payment stopped by the dr...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
06/05/2024
Rajendrakumar Aatmaram Agarwal vs The State of Maharashtra & Ors
Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 2000 - Sections 2(d), 3 - Banking Regulation Act, 1949 - Section 56(a) ? Criminal Procedure Code, 1974 - Section 482 - (BNSS 2023, Sect...
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SUPREME COURT
24/04/2024
H. Rajasekhara vs U.K. Mahesh
Negotiable Instruments Act, 1881 Section 138 ? Appeal against conviction ? Cheque given by accused was dishonoured - Presumption of innocence ? Complainant stated that he had advance a hand loan to respondent/accused ? T...
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