#commercial transaction

The Bombay High Court has held that mere failure to remit proceeds from a commercial sale, even with dishonored cheques and disputed invoices, cannot trigger criminal liability under Section 406 IPC absent clear evidence of entrustment and initial dishonest intent. This ruling shields bona fide traders from criminalization of civil disputes, reinforcing the boundary between contractual breaches and criminal misappropriation.

Gauhati HC reaffirms that Section 34 CPC limits interest on delayed refunds of auction bid amounts to 6%, even after a seven-year delay, unless parties agree otherwise. The ruling underscores the statutory cap's applicability in SARFAESI proceedings, impacting banks and bidders in recovery disputes.

Kerala High Court holds that suspicion of commercial transaction is insufficient to deny altruistic kidney donation under the Transplantation of Human Organs Act, 1994.