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Bombay High Court Allows Restoration of Complaint Dismissed for Default in Section 138 NI Act Case — Magistrate's Order Without Notice to Complainant Held Illegal. The Court held that dismissal of a complaint for default without notice to the complainant is illegal and restored the complaint under inherent powers....

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Kailas Rathod, alleging offences under Section 138 of the Negotiable Instruments Act and Section 420 of the In...

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Bombay High Court Dismisses Revision Against Dismissal of Complaint for Non-Prosecution Under Section 138 Negotiable Instruments Act. Magistrate's Order of Acquittal Under Section 256 CrPC Upheld as Complainant Failed to Secure Accused's Presence Despite Five Years of Opportunity....

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Bandu Morsing Pawar, alleging offences under Section 138 of the Negotiable Instruments Act and Section 420 of ...

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High Court of Karnataka Quashes Dismissal Order of Employee Convicted in Criminal Case — Disciplinary Authority Must Consider Full Facts Before Imposing Penalty Under Rule 19 of CCS (CCA) Rules, 1965. Dismissal Without Inquiry Based Solely on Conviction Held Invalid as Authority Did Not Apply Independent Mind....

The petitioner, Sri P.K. Veerabhadra, was an employee of the Tobacco Board (a Government of India undertaking) working as a Field Officer. A charge sheet dated 27.01.2009 was issued to him under Rule ...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Non-Joinder of Motorcycle Insurer. Parents of Deceased Motorcyclist Awarded Rs. 4,50,000 with Interest Under Section 166 of Motor Vehicles Act, 1988....

The appeal arises from a judgment and award dated 07/04/2003 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 369 of 2002. The appellant, New India Assurance Company Ltd., i...

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Bombay High Court Allows Petition in Customs Act Case — Confiscation and Penalties Quashed for Lack of Mens Rea. Imported capital goods released on payment of duty; no deliberate intent to evade duty established under Sections 111(d), 111(f), 112(a), and 125 of Customs Act, 1962....

The petitioners, M/s. Central Cables Limited (a company manufacturing electric wires and cables), its Managing Director Govind Daga, and Purchase Officer Manisha Pande, challenged an order dated 25.11...

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Bombay High Court Allows Second Appeal in Ejectment Suit, Holds Transaction Was Gratuitous Licence Not Lease. Court finds that payment of electricity charges and failure to take immediate action do not establish a lease in absence of documentary evidence....

The case involves a dispute over tenement no. E-72 at Shanti Nagar Colony, Nagpur, allotted to the plaintiff (Vinayak Daulat Watkar) in 1974 by the Nagpur Housing and Area Development Board under its ...

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Bombay High Court Allows Prisoners' Challenge to Deduction of Wages for Victims Compensation Fund Under NDPS Act. Discriminatory treatment of similarly situated prisoners violates Article 14 of Constitution....

The judgment concerns three criminal writ petitions filed by prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), who were serving sentences at Central Jail, ...

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Bombay High Court Upholds Conviction for Murder and Theft Based on Circumstantial Evidence and Last Seen Theory. The court held that the chain of circumstances, including last seen together and recovery of stolen property, was sufficient to sustain conviction under Sections 302 and 379 IPC....

The appellant, Dilip Karbhari Govind, was convicted by the learned Ad-Hoc Additional Judge-2, Niphad, in Sessions Case No.42 of 2005 for offences under Section 302 (murder) and Section 379 (theft) of ...

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Bombay High Court Upholds Conviction for Double Murder Based on Circumstantial Evidence and Motive. Appellant's Life Sentence Under Section 302 IPC Confirmed as Circumstantial Evidence, Including Motive, Recovery of Weapon, and Dog Tracking, Established Guilt Beyond Reasonable Doubt....

The appellant, Rajaram Limbaji Babar, was convicted under Section 302 of the Indian Penal Code for the murder of two individuals, Subhadrabai and Nivrutti, and sentenced to life imprisonment. The inci...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute — Upholds Finding of Fraud and Limitation Based on SEBI Circular. The Court held that the Arbitrator's findings on limitation and fraud were plausible and not perverse, and the petition lacked merit under Section 34 of the Arbitration and Conciliation Act, 1996....

The Petitioner, Reliance Securities Limited, a stock broker and member of the National Stock Exchange, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ar...