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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Decree Due to Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Plead and Prove Readiness and Willingness to Perform Contract....

The case involves a second appeal filed by the defendant (Peeraji) against the judgment and decree of the First Appellate Court which granted specific performance of an agreement to sell agricultural ...

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High Court Quashes Process Against Accused in Private Complaint for Non-Compliance with Section 202 Cr.P.C. — Mandatory Enquiry Required Before Issuing Process Against Residents Outside Jurisdiction....

The applicants, Damodar Prasad Maheshwari (Somani) and Dr. Santosh Damodar Prasad Maheshwari (Somani), were original accused Nos. 1 and 3 in R.C.C. No. 239/2012 filed by respondent No. 1, Sagar Onkard...

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High Court of Karnataka Quashes Cognizance Order Against Bank Officials in Cheating Case Due to Lack of Prima Facie Evidence of Dishonest Intent. Allegations of Criminal Conspiracy and Forgery Against Retired Bank Managers Dismissed as Civil Dispute Over Loan Sanction....

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 27.11.2013 passed by the learned Prl. Civil Judge &...

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High Court of Karnataka Quashes Abetment to Suicide Proceedings Based on False Police Report and Lack of Prima Facie Case. The court held that continuation of proceedings under Section 306 IPC when police have submitted a 'B' final report and complainant failed to contest it would be an abuse of process of law....

The petitioner, Gopalkrishna, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the entire proceedings in P.C. No.69/2011, later registered as C.C. ...

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High Court of Karnataka Quashes Cognizance Order Against Bank Officials in Cheating Case Due to Lack of Sanction Under Section 197 CrPC. Criminal proceedings against retired bank managers for alleged forgery and cheating quashed as their acts were in discharge of official duties requiring prior sanction....

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the order dated 27.11.2013 passed by the learned Prl. Civil J...

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High Court of Karnataka Quashes Proceedings Against Directors in NI Act Case — Directors Not Involved in Day-to-Day Affairs or Signing of Cheque. Liability under Section 138 of Negotiable Instruments Act, 1881 cannot be imposed on directors who are not responsible for conduct of business of the company at the time of offence....

The petitioners, accused Nos. 3 and 5 in C.C. No. 32585/2011 pending before the XV ACMM, Bangalore, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the p...

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Bombay High Court Quashes Suspension of Medical Practitioner by Maharashtra Medical Council for Violation of Natural Justice. Suspension Order Set Aside as Council Failed to Provide Personal Hearing Before Suspending Registration Under Section 22 of Maharashtra Medical Council Act, 1965....

The petitioner, Dr. Sadanand Madhukar Ingle, a medical practitioner, challenged the order dated 26 December 2013 passed by the Maharashtra Medical Council (the Council) suspending his registration as ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved. Concurrent findings of courts below upheld that plaintiff failed to prove agreement and suit was barred by limitation under Specific Relief Act, 1963....

The appellant, Smt. Doshmani w/o. Vasantlal Bahoria, filed a Second Appeal against the judgment and order dated 26.4.2007 passed by the Adhoc District Judge-9, Nagpur in Regular Civil Appeal No.401 of...

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Bombay High Court Dismisses PIL Seeking Policy for Section 351 Notices Under MCGM Act as Moot Due to Prior Challenge by BSE. The court held that the petitioner lacked locus standi and the issues were already pending before a Single Bench in a related writ petition....

The petitioner, Dr. V. Aditya Srinivas, an office bearer of BSE Brokers' Forum, filed a Public Interest Litigation (PIL) in the Bombay High Court seeking a writ of mandamus directing the Municipal Cor...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declarations — Dying Declarations Found Credible and Consistent, Conviction Under Section 302 IPC Sustained....

The appellant, Rajendra Madhukar Kadam, was convicted by the 2nd Ad-Hoc Sessions Judge, Pune in Sessions Case No.467 of 2004 for the murder of his wife, Prachi Rajendra Kadam, under Section 302 of the...