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Supreme Court

Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

29 Apr 2026

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

High Court

High Court Dismisses Criminal Petition Challenging Cognizance Order in Cheque Dishonour Case - BNSS, 2023 Procedure Not Applicable to Negotiable Instruments Act, 1881 Proceedings

22 Jan 2026

The petitioners challenged the order of taking cognizance in a cheque dishonour case under Section 138 of Negotiable Instruments Act, 1881, contending...

High Court

Bombay High Court Allows Summary Judgment for Return of Shares and Dividends in Commercial Suit — Plaintiff Stockbroker Entitled to 11,25,000 ITC Shares and Accrued Dividends After Full Satisfaction of Debt Under One Time Settlement. Court Holds That Once Debt Is Fully Satisfied, Bank Must Return All Pledged Securities and Cannot Retain Them as Collateral for Other Debts.

10 Mar 2025

The Plaintiff, Shrikant G. Mantri, a stockbroker and registered member of the Bombay Stock Exchange, filed a commercial suit against Punjab National B...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

High Court

Bombay High Court Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

27 Oct 2016

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...

High Court

Bombay High Court Quashes De Novo Trial Order in Summary Case — Section 326(3) CrPC Does Not Mandate Retrial When Evidence Already Recorded by Predecessor Magistrate. Successor Magistrate Can Proceed from Stage of Final Arguments.

17 Jun 2016

The petitioner, Ulhas s/o Fulchand Rathod, was being tried in Summary Criminal Case No. 597/2008 for offences under Sections 143, 294, 341, 504, 506 o...

High Court

Bombay High Court Allows Petition Challenging De Novo Trial Order in NI Act Case — Trial Conducted as Summons Case, Not Summary Trial. The court distinguished Nitinbhai Saeed Ahmad v. Manubhai Manjibhai Panchal and held that de novo trial was not warranted when the trial was conducted as a summons case under Section 138 of the Negotiable Instruments Act, 1881.

9 Jul 2015

The petitioner, Sukhdeo Ganeshram Tardeja, filed a criminal writ petition challenging the revisional order dated 13.02.2014 passed by the Sessions Jud...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 NI Act Due to Non-Compliance with Mandatory Notice Requirements. Dishonour of Cheque Complaint Quashed as Notice of Demand Was Not Served Within 15 Days of Receipt of Information of Dishonour as Required Under Section 138(b) of Negotiable Instruments Act, 1881.

22 Dec 2006

The applicant, Smt. Ramilaben Trikamlal Shah, filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 agains...

High Court

Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

11 Aug 2006

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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