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Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

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Bombay High Court Quashes Revisional Order for Violation of Natural Justice — Inadequate Notice of Hearing. Secretary of Trust Denied Opportunity to Be Heard as Only Two Days' Notice Given via Fax, Despite Request for Adjournment.

The petitioner, Latur Gorakshan Trust, through its Secretary Kantaprasad Vishnudas Rathi, filed a writ petition challenging the order of the Revisiona...

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Bombay High Court Dismisses Union of India's Petition Challenging Interest on Delayed Rebate Claims Under Central Excise Act. Interest Under Section 11BB of Central Excise Act, 1944 Held Payable from Expiry of Three Months from Date of Receipt of Rebate Claim, Not from Date of Final Adjudication.

The case involves a dispute between the Union of India (Petitioner) and Jindal Drugs Limited (Respondent) regarding the payment of interest on delayed...

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Bombay High Court Quashes Process Against Accused in Cheque Bounce Case for Lack of Territorial Jurisdiction. Issuance of process under Section 138 of Negotiable Instruments Act, 1881 set aside as accused resided outside magistrate's jurisdiction and no part of cause of action arose within it.

The petitioners, Netcore Solutions Pvt. Ltd. and its directors/officers, all residents of Mumbai, challenged the order dated 16.12.2010 passed by the ...

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Bombay High Court Allows Criminal Application to Quash Process in IPC Offences Case Due to Non-Compliance with Mandatory Inquiry Under Section 202 Cr.P.C. — Accused Residing Outside Jurisdiction Requires Examination of Witnesses Before Issuance of Process.

The applicants, M/s International Tractors Ltd and its Managing Director Deepak Mittal, residents of Hoshiarpur, Punjab, filed a criminal application ...

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Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The cheque was presented and dishonoured at a branch outside the court's jurisdiction, making the complaint under Section 138 of the Negotiable Instruments Act, 1881 not maintainable.

The applicant, Barakara Abdul Aziz, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Criminal ...