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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Cheque Dishonour Based on Presumption Under Section 139. Hand Loan of Rs.35,000/- Proved; Accused Failed to Rebut Presumption of Legally Enforceable Debt....

The appellant, Smt. Sumedha Chaudhari, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent-accused, Shirishkumar Laddha, alleging dishonour of a cheque ...

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High Court of Bombay at Nagpur Reverses Acquittal of Accused in Cheque Dishonour Case Under Section 138 N.I. Act Due to Failed Rebuttal of Presumption. Hand Loan Repayment Defence Not Proved by Accused; Holder's Authority Under Section 20 to Complete Inchoate Cheque Affirmed....

The appeal before the High Court of Bombay, Nagpur Bench, arose from a judgment of the Judicial Magistrate First Class, Nagpur, acquitting the accused under Section 138 of the Negotiable Instruments A...

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High Court of Karnataka Quashes Parallel Criminal Proceedings in Cheque Dishonour Case — Abuse of Process of Law. Filing of two separate complaints under Section 138 of Negotiable Instruments Act, 1881 and Section 420 IPC for same transaction constitutes abuse of process, warranting quashing under Section 482 CrPC....

The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quash...

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High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Execution Court's Order in Specific Performance Suit — Direction to Get Property Measured and Produce Sketch with New Survey Number Upheld. Execution Court's Order Under Section 47 CPC Is Procedural and Not Subject to Interference Under Article 227....

The petitioner, who was the plaintiff in O.S. No.84/2002 on the file of the Civil Judge (Jr.Dn.), Chintamani, filed a suit for specific performance of an agreement of sale in respect of land bearing S...

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High Court of Karnataka Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Section 2(2) of Hindu Marriage Act, 1955 bars application to Scheduled Tribes unless custom is proved; court must first decide applicability of Act before remanding....

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was performed on 07.05.2001 at Bhuvanendra Kala Mandir...

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High Court of Karnataka Allows Petition for Appointment of Arbitrator by Unregistered Partnership Firm Under Section 11(6) of Arbitration and Conciliation Act, 1996. Bar Under Section 69(2) of Indian Partnership Act, 1932 Does Not Apply to Arbitration Proceedings as They Are Not Suits to Enforce Rights....

The petitioners, M/s. Sri Vishal Bhavan, an unregistered partnership firm, and its partner H.N. Jayaprakash, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking...

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High Court of Karnataka Quashes Criminal Proceedings in Parallel Litigation Case — Abuse of Process of Law. Filing of Two Parallel Proceedings in Respect of Same Transaction Before Two Different Forums Constitutes Abuse of Process of Law Under Section 482 Cr.P.C....

The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quash...

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Karnataka High Court Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Hindu Marriage Act, 1955 applies to Scheduled Tribes unless custom to the contrary is proved under Section 2(2)....

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was performed on 07.05.2001 at Puttur. Subsequently, m...