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Bombay High Court at Goa Dismisses Application for Police Investigation in Bank Fraud Allegation — No Cognizable Offence Made Out. Appointment of Former Employee on Contract Basis After Voluntary Retirement Does Not Constitute Criminal Misappropriation or Fraud Under IPC....

The applicant, a shareholder of Goa Urban Co-operative Bank Limited, filed a complaint before the Judicial Magistrate First Class, Panaji, alleging that the bank had appointed one Mr. Sham Naik on con...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused....

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Section 138 of the Negotiable Instruments Act, 1881, all...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell and Possessory Receipts Established Plaintiff's Continuous Readiness Under Section 16(c) of Specific Relief Act, 1963....

The case involves a second appeal filed by the legal heirs of the original defendant against a decree for specific performance of an agreement to sell dated 14th October 1982. The plaintiff, M/s Patve...

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High Court of Karnataka Quashes Criminal Proceedings Against Accused No.2 in Immoral Traffic Case Due to Non-Compliance with Section 13 of ITP Act. Raid conducted by Circle Inspector not designated as Special Police Officer under Section 13 of the Immoral Traffic (Prevention) Act, 1956 renders the entire investigation illegal and proceedings liable to be quashed....

The petitioner, Shankare Gowda @ Shankara, was arrayed as accused No.2 in a case registered under Sections 3, 4, 5, 6, 7, 8, and 9 of the Immoral Traffic (Prevention) Act, 1956 (ITP Act) read with Sec...

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High Court of Karnataka Acquits Appellant in Section 324 IPC Case Due to Inconsistent Evidence and Benefit of Doubt. Conviction for voluntarily causing hurt by dangerous weapon set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Manu, was tried along with his parents for offences under Sections 341, 324, and 307 read with Section 34 of the Indian Penal Code. The Trial Judge convicted the appellant under Section...

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Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence and Motive — Life Imprisonment Confirmed. Court holds that motive, last seen evidence, and recovery of weapons at instance of accused establish guilt under Section 302 read with 34 IPC....

The appellants, Jivya Dharma Chothe and Lakshi Arjun Mirka, were convicted by the Additional Sessions Judge, Palghar, for the murder of Mahadu and causing hurt to Lakhma, under Sections 302 and 324 re...

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High Court of Bombay Considers Challenge to Industrial Court's Order Quashing Punishment for Illegal Strike. Dispute Centers on Whether Industrial Court Could Interfere with Disciplinary Action and Draw Adverse Inference from Alleged Minutes of Meeting....

These are six writ petitions filed by the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC) challenging the common order dated 8.7.2015 of the Industrial Court, Latur. The ...

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High Court of Karnataka Allows Assessee's Appeal in Income Tax TDS Case — Provision for Interest on Delayed Payments Not Subject to TDS Under Section 194A of Income Tax Act, 1961. The court held that a mere provision for contingent interest liability does not amount to 'payment' or 'credit' to a specific payee, and thus no obligation to deduct tax at source arises....

The appellant, M/s Karnataka Power Transmission Corporation Limited, a government undertaking engaged in power transmission, filed appeals under Section 260-A of the Income Tax Act, 1961 against a com...

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High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Regular Appeal — Section 104(2) CPC Does Not Bar Appeal Under Order 43 Rule 1(r) CPC Against Order Under Order 39 Rules 1 & 2 CPC Passed in a Regular Appeal....

The appellant, Sri Madhava Prabhu, filed Regular Appeal No.43/2015 before the Court of the Principal Senior Civil Judge, Udupi. In that appeal, he filed I.A.No.5 under Order 39 Rules 1 & 2 of the Code...