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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Appellate Court Erred in Reversing Conviction Based on Improper Appreciation of Evidence and That the Presumption Under Section 139 of the N.I. Act Was Not Rebutted....

The appellant, Ms. Anu Tripathi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that a cheque dated 20.09.2009 for Rs. 1 lakh issued by respondent no. 1 (Anil Ku...

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Bombay High Court Quashes Appellate Eviction Decree for Non-Application of Mind and Remands for Fresh Adjudication. First Appellate Court’s cryptic reversal without reassessing evidence held violative of Section 107 CPC; Revision allowed and appeal restored for fresh hearing....

The dispute arose between a landlord and a tenant over eviction from a two-room house in Umrer, Nagpur. The landlord filed a suit for ejectment on grounds including willful default, nuisance, and bona...

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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Long Incarceration. The court held that mere partnership in a firm does not establish conscious possession of contraband under Section 43 of NDPS Act, and long custody without trial warrants bail....

The petitioner, Chandru Kunthur Raghuvegowda, a partner of M/s. Overseas Express, filed a petition under Section 439 CrPC seeking bail in Crime No.893/2016 registered by the Inspector of Customs, CIU,...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement Not Barred by Limitation and Not Void for Uncertainty. Court upholds concurrent findings that the agreement dated 11.12.1980 was valid and enforceable, and the suit filed in 1994 was within limitation as the cause of action was continuing....

The appellant, Maria Fatima @ Silo Silva Coelho, was the defendant in a suit for specific performance filed by the respondent, Vaman Narayan Kundaikar (since deceased, represented by legal representat...

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Bombay High Court Quashes Criminal Proceedings in Matrimonial Dispute Following Settlement Between Parties. Court Exercises Inherent Powers Under Section 482 CrPC to Quash FIR and Proceedings Under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act, 1961, as Parties Amicably Resolve Differences....

The applicants, who are the husband and his family members, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR and criminal proceedings ari...

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Bombay High Court Answers Sales Tax Reference in Favor of Dealer, Allowing Resale Deduction Under Section 8(2) of Bombay Sales Tax Act Despite Purchases from Exempted Dealers. Court Holds That Exemption Conditions in Entry 39(a) Schedule A Do Not Estop Purchasing Dealer from Claiming Independent Statutory Deduction....

The matter arose from a sales tax assessment of a proprietary concern engaged in reselling footwears, who was not a manufacturer and held no trademark. For the assessment year 1992-93, the dealer clai...

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Karnataka High Court Quashes Disqualification of Councillors Under Anti-Defection Law for Violation of Natural Justice. Deputy Commissioner's Order Set Aside as Petitioners Were Not Given Opportunity of Hearing Under Section 3(1)(b) and 4 of Karnataka Local Authorities (Prohibition of Defection) Act, 1987....

The petitioners, Ms. Srimathi Bangera and Mrs. Veenakshi, were elected as Councillors of the City Municipal Council (CMC), Madikeri, in elections held on 16.03.2014. Subsequently, on 14.08.2015, petit...

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Bombay High Court Dismisses Petition Challenging Cancellation of Sale Deed for Violating Fragmentation Laws. Sale of 1 acre dry crop land held void under Sections 7 and 8 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 as standard area is 2 acres....

The petitioner, Vinay Kumar Sambare, purchased 1 acre of land via a sale deed dated 15.07.2003 from respondent No.9. The Sub Divisional Officer, Ramtek, by order dated 28.02.2005, cancelled the sale d...