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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act for Non-Prosecution — Held That Dismissal Under Section 256 CrPC Without Giving Notice to Complainant Is Illegal. The court restored the complaint to its original number and directed the Magistrate to proceed from the stage prior to dismissal....

The appellant, Dr. Kisanrao Gadekar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, filed against respondent No.1, Changdeo Phatangare, before the Ju...

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High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Soma @ Somanna, was convicted by the V Additional District and Sessions Judge, Devanahalli, Bangalore Rural District, in S.C. No. 136/2013 for the offence of murder under Section 302 IP...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation by Setting Aside Contributory Negligence and Correcting Multiplier. The Court held that without evidence, contributory negligence cannot be assumed, and the multiplier must be based on the deceased's age under the Motor Vehicles Act, 1988....

The appellants, legal representatives of the deceased Madhao Gohate, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for his death in a motor vehicle acc...

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High Court of Bombay at Nagpur Bench Allows Writ Petition Against Bank for Withholding Title Deeds After Full Loan Repayment — Section 171 of Indian Contract Act, 1872 Does Not Confer Right of General Lien on Banks Over Security Documents Once Loan Is Fully Discharged....

The petitioner, Sunil s/o Ratnakar Gutte, approached the High Court of Bombay at Nagpur Bench by way of a writ petition against Union Bank of India. The petitioner had taken a loan of Rs.21,00,000 fro...

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Bombay High Court Allows Husband's Petition in Maintenance Case, Directs Consideration of Prior Criminal Court Order. Court holds that a civil court granting interim maintenance under the Hindu Marriage Act must consider an earlier order under Section 125 CrPC to avoid conflicting orders....

The petitioner, Pradip Dhore, challenged two orders passed by the 3rd Joint Civil Judge Senior Division, Akola: (1) an order dated 8/9/2016 directing him to pay interim maintenance of Rs. 2500/- per m...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Step-Siblings — Oral Gift Not Proved, Gift Deed Upheld. Court affirms concurrent findings that plaintiff failed to establish title by oral gift and that gift deed executed by father in favor of step-sister was valid....

The appellant-plaintiff, Samsherkha Pathan, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and order dated 11th November 2008 passed by the lear...

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High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of Minor Child. Court holds that notional income of deceased minor should be taken as Rs. 30,000 per annum under Second Schedule of Motor Vehicles Act, 1988, and grants Rs. 50,000 for loss of estate and funeral expenses....

The appellant, Rajesh Pandurang Gawande, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the award of the Motor Accident Claims Tribunal, Akola, in Claim Petition N...

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High Court of Karnataka Hears Writ Petition Seeking Compensation for Illegal Handcuffing and Parading in a Bailable Offence. The Court Deliberates on Police Conduct and Fundamental Rights Under Article 21 in Context of Section 138 Negotiable Instruments Act, 1881....

The petitioner, a law student, faced five criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, arising from dishonoured cheques related to a mortgage dispute. He was arrested...

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High Court of Karnataka Dismisses Writ Petition Seeking Compensation for Child's Death in Open Manhole — No Mandamus Issued as No Statutory Duty Established. Petitioner failed to demonstrate any legal right or statutory obligation on respondents to pay compensation for death due to alleged negligence in maintaining manhole....

The petitioner, Shri Yusub S/o Mohamusab Sanadi, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking a writ of mand...