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Bombay High Court Dismisses Appeal Against Acquittal in NI Act Case Due to Non-Prosecution. Complainant Bank's Failure to File Evidence Affidavit Despite Presence Justified Acquittal Under Section 256 CrPC.

The appellant, The TJSB Sahakari Bank Ltd., was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Bombay High Court Dismisses Petition Challenging Director's Evidence in Specific Performance Suit — Order 18 Rule 3A CPC Does Not Apply to Company Director. Director of Plaintiff-Company Can Be Examined After Constituted Attorney Without Prior Permission Under Order 18 Rule 3A CPC.

The petitioners, defendants in a suit for specific performance of a contract based on email exchanges, challenged the trial court's order allowing the...

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High Court of Karnataka Dismisses Appeal Against Rejection of Cross-Examination Application in DRT Proceedings — Failure to File Evidence Affidavit Justifies Denial of Cross-Examination Under Rule 12(6) of RDDBFI (Procedure) Rules, 1993.

The appellants, M/s Perfect Polybaags Private Ltd. and its directors, were defendants in Original Application No.239/2011 pending before the Debt Reco...

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High Court Allows Accused to File Affidavit in Lieu of Oral Evidence in NI Act Case — Section 145(2) of Negotiable Instruments Act, 1881 Permits Accused to Give Evidence on Affidavit, Reversing Trial Court's Rejection.

The petitioner, Afzal Pasha, was the accused in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pending before the XIV Ad...

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High Court of Karnataka Allows Revision Petition Against Maintenance Order Under Section 125 CrPC. Family Court Failed to Follow Evidence Recording Procedure Under Sections 126 and 274 CrPC; Affidavit Evidence Held Inadmissible.

The revision petition arose from an order of the II Additional Principal Judge, Family Court, Bengaluru, dated 3 November 2017, granting maintenance o...

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Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...