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
06/02/2024
Shishir Agarwal vs Brescon Partners LLP and Anr
Negotiable Instruments Act, 1881 - Section 138 ? Prosecution against joint account holder ? Joint liability to pay debt - Impermissibility of ? Process issued against petitioner by trial court - Held, under Section 138...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
06/02/2024
Ma. Mukhya Lekha Va Vitta Adhikari, (Chief Accounts and Finance Officer), Zilla Parishad, Jalna vs Mr. Gangadhar Sukhdev Sapate & Ors.
Negotiable Instruments Act, 1881 - Sections 138, 118 and 139 ? Leave to appeal ? Cheque dishonoured - Acquittal of respondents by trial court on the ground of variance in the amount due and cheque amount- Trial Judge acq...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
01/02/2024
Chandrala Motors a partnership firm vs Ayyub Kasam Shaikh
Negotiable Instruments Act, 1881 - Sections 138, 118 and 139 ? Appeal against acquittal - Cheque dishonour case - Legal enforceable debt ? Burden of proof ? Trial court acquitted the accused and held that accused rebutte...
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BOMBAY HIGH COURT (AURANGABAD BENCH)
30/01/2024
M/s. Shrikant Agency vs Hemant Vishnumal Devani & Ors.
Negotiable Instruments Act, 1881 - Section 138 ? Leave to file appeal ? There was no dispute about transaction, issuance of cheque or signature ? Validity of second notice ? Held, cheque can be presented more than once d...
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BOMBAY HIGH COURT
30/01/2024
Shri. Shailesh Vishwanath Jambhale vs The General Manager, State Bank of India & Ors
Constitution of India, 1950 - Articles 226 and 227 ? Title and search report submitted by Advocate ? Discharging professional duties by advocate - Whether the Petitioner could be held to be negligible so as to be placed...
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BOMBAY HIGH COURT (GOA BENCH)
23/01/2024
Mr Reggie Fernandes vs Miss Shanta C. Kolvalkar & Ors
Negotiable Instruments Act (26 of 1881) - S. 138 and 139 ? Revision against the concurrent findings of below courts ? Scope of - Magistrate as well as First Appellate Court concluded that accused/applicant failed torebut...
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SUPREME COURT
22/01/2024
Bombay Mercantile Cooperative Bank Ltd. Through Its Authorized Signatory vs M/s. U.P. Gun House & Ors
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 13(2) and 14 ? Security Interest (Enforcement) Rules, 2002 ? Rules 8 and 9 ? Constitution of India ? Article...
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SUPREME COURT
22/01/2024
Atamjit Singh vs State (NCT of Delhi) & Anr
Negotiable Instruments Act, 1881 - Section 138 ? criminal Procedure Code, 1973 ? Section 482 - (BNSS 2023, Section 528) - Quashment of criminal proceedings ? Time barred debt - Scope of interference by the High Court in...
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BOMBAY HIGH COURT
16/01/2024
Breach Candy Hospital Trust vs Manoj Biyani & Ors.
[A] Negotiable Instruments Act, 1881 - Section 138 ? Evidence Act, 1872 ? Section 138 ? Criminal Procedure Code, 1973, Section 311 - (BNSS 2023, Section 348) - Re-examination of witness ? Scope of ? Application to re-exa...
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BOMBAY HIGH COURT (AURNGABAD BENCH)
16/01/2024
Rajkumar Indrachand Kothari vs State Of Maharashtra And Another
Indian Penal Code, 1860 ? Sections 406, 409, 420, 465, 467, 468, 471, 477-A, 120-B r/w section 34 ? (BNS 2023, Sections 316(2), 316(5), 318(4), 336(2), 338, 336(3), 340(2), 344, 61(2) r/w Section 3(5)) - Anticipatory bai...
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BOMBAY
15/01/2024
Neel Dharia through his Power of Attorney Holder : Shri. Kiran Kantilal Dharia - Appellant vs The State of Maharashtra & Ors. - Respondents
A. Negotiable Instruments Act, 1881 - Section 138 - Indian Contract Act, 1872 - Section 25(3) ? Appeal against acquittal ? Legally enforceable debt - Promise to pay time barred debt becomes a valid Contract ? Held, promi...
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BOMBAY HIGH COURT
15/01/2024
Niketan Finance Limited vs Mrs. Ayeshabi Abbas Mamtuley & Ors
Negotiable Instruments Act, 1981 ? Section 138 ? Appeal against acquittal ? Dishonour of cheque - Trial Court acquitted the first respondent of the offence punishable u/s 138 of the NI Act on the ground that there are ce...
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