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Bombay High Court Quashes Order for Pre-Deposit of 20% Cheque Amount in NI Act Case — Section 143A Not Retrospective. Section 143A of Negotiable Instruments Act, 1881, inserted by Amendment Act of 2018, is prospective and does not apply to complaints filed before its commencement....

The petitioner, Ashok Ratanlal Khatod, challenged an order passed by the Judicial Magistrate First Class, Wani, in Summary Criminal Case No. 1818/2018, directing him to deposit 20% of the cheque amoun...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurer Liable Despite Discrepancy in Vehicle Registration Number. The court held that the insurer failed to prove that the vehicle involved was not insured, and the minor typographical error in the registration number did not absolve liability under the Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accidents Claims Tribunal (MACT), Mumbai. On 11th July 2004, the applicant was travelling...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners....

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) against the dismissal of his appeal by the Distric...

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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated....

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He was initially appointed as a Civil Judge, Junior ...

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High Court of Karnataka Quashes Registrar's Order Directing Inclusion of New Members in Co-operative Bank Election. Registrar's Direction to Enroll Eligible Farmers as Members Before Elections Set Aside as Beyond Statutory Authority Under Karnataka Co-operative Societies Act, 1959....

The petitioners, Basavaraj Kallappa Kugati and the Kittur Taluka Prathamika Sahakara Krishi Mattu Gramina Abhiruddhi Bank (PCARD Bank, Kittur), challenged an order dated 18.12.2018 passed by the Joint...

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Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown....

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Article 226 of the Constitution of India and Section...

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Bombay High Court Quashes Additional Charge Under Section 304-B IPC Against Husband and Mother-in-Law in Dowry Death Case. Absence of Evidence of Demand of Dowry 'Soon Before Death' and Lack of Proximate Link Between Cruelty and Suicide Precludes Framing of Charge Under Section 304-B IPC....

The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before the Sessions Judge, Sangli, for offences includin...

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Bombay High Court Allows Revision Against Rejection of Additional Evidence in NI Act Case — Settlement Agreement After Trial Held Relevant. The appellate court must consider subsequent events that affect the merits of the case under Section 391 CrPC, even if the evidence could have been produced earlier with due diligence....

The applicant, Ranjan Dutta, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the Judicial Magistrate, First Class, Pune, for dishonour of a cheque issued to the complainant...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cheating Case — Promise of Government Job for Payment Not Proven Beyond Reasonable Doubt. Complainant's testimony found unreliable and contradictions in prosecution evidence led to acquittal under Section 420 IPC....

The State of Maharashtra filed an appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 21-3-1997 passed by the Additional Sessions Judge, Pune, which acq...