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 (AURANGABAD BENCH)
28/02/2024
Vardhman Gramin Bigarsheti Sahakari Patsanstha Limited, Vakadi vs Sudhir s/o Sanjay Pawar
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal ? Legally enforceable debt ?Complainant has to establish that the amount reflected on the cheque is legal dues and enforceable - Once there is var...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
28/02/2024
The Maharashtra Agro Industries Development Corporation Ltd. vs Kakde Krishi Seva Kendra & Ors
Negotiable Instruments Act, 1881 - Sections 118, 138 and 139 ? Appeal against acquittal - Legally enforceable debt ? Whether proved ? Cheques were dishonoured and returned by the bank with remark ?refer to drawer? - Stat...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
27/02/2024
Narhari Vithalrao Dahe vs Sudam Gangaram Dahe
Negotiable Instruments Act, 1881 - Section 138 ? Appeal against acquittal ? Dishonour of cheque ? Presumption successfully rebutted by accused ? It was contended that loan has been given to accused ? When exactly and at...
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BOMBAY HIGH COURT (GOA BENCH)
26/02/2024
Narayan Shivdas Kadam vs M/S Shriram Transport Finance Co. Ltd
Negotiable Instruments Act, 1881 - Ss. 139 and 145(2) ? Criminal Procedure Code, 1973 ? Section 482 - (BNSS 2023, Section 528) ? Constitution of India ? Articles 226 and 227 ? Cross examination of complainant ? Right of...
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BOMBAY HIGH COURT
23/02/2024
The Liquidator, Rupee Co-Operative Bank Ltd. & Ors. vs The State of Maharashtra & Ors
Maharashtra Co-operative Societies Rules 1961- Rules 13, 14 and 107(11), (13) and (14) - Maharashtra Co-operative Societies Act, 1961 - Section 154 (2A) - Auction proceedings - Auction of the secured property of the orig...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
21/02/2024
M/s. Vinod Agencies, New Mondha & Ors. vs Sayyed Yusuf Sayyed Mehmood
Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Leave to prefer appeal against order of acquittal ? Trial Judge dismissed the complaint accepting the defence holding that presumption has been rebutted ? Cheque...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
15/02/2024
Subhadrabai w/o Shivdas Kamble vs Manoj s/o Bapurao Shinde
Negotiable Instruments Act, 1981 - Section 138 ? Appeal against acquittal ? Re-appreciation of evidence ? Held, when complainant has apparently failed to pinpoint actual dues towards accused, it cannot be for sure said t...
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SUPREME COURT
14/02/2024
Rajesh Viren Shah vs Redington (India) Limited
Negotiable Instruments Act, 1881 - Sections 138, 141 and 144 ? Criminal Procedure Code, 1973 ? Section 482 ? (BNSS 2023, Section 528) - Liability of director of company for non-realisation of cheque - Whether a Director...
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BOMBAY HIGH COURT (GOA BENCH)
12/02/2024
Vpk Urban Cooperative Society Ltd. & Ors. vs Shri Sidheshwar Janardhan Surlakar & Ors
Negotiable Instruments Act, 1881, Sections 138 and 139 ? Appeal against acquittal ? Accused was default in payment of loan amount - Magistrate observed that presumption under section 139 of the Negotiable Instruments Act...
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BOMBAY HIGH COURT (NAGPUR BENCH)
09/02/2024
Supreme Agro Trade & Ors. vs State of Maharashtra & Ors
Recovery of Debts and Bankruptcy Act, 1993 - Section 18 ? Banking Regulation Act, 1949 ? Section 5(c) -Maharashtra Co-operative Societies Act, 1960 - Section 101 ? Recovery proceedings ? Challenge to grant recovery certi...
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BOMBAY HIGH COURT
08/02/2024
Deepak Bhagwandas Raheja vs Tikamdas & Associates
Negotiable Instruments Act, 1881 - Section 138 - Money Lending Act, 2014 ? Sections 2(3), 2 (13) (j) and 13 - Suits by money-lenders not holding licence - Single Judge, allowed the Summons for Judgment and directed the D...
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SUPREME COURT
07/02/2024
SULAIMAN vs SULAIMAN FAIZI
Negotiable Instruments Act, 1881 - Sections 138 and 139 ? Appeal against acquittal ? Rebuttal of Presumption - Trial Court held that the presumption u/s 139 of the NI Act was rebutted by appellant ? Held, presumption und...
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