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Bombay High Court Issues Rule in Criminal Contempt Reference Against Accused for Threatening and Scandalizing Metropolitan Magistrate. Persistent Harassment, Intimidation, and Obstructing Judicial Proceedings Prima Facie Constitute Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The matter arose from a criminal contempt reference made by the Metropolitan Magistrate, 17th Court, Borivali, Mumbai, under Section 15(2) of the Cont...

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High Court of Judicature at Bombay Nagpur Bench Hears Letters Patent Appeals Against Writ Petition Order in Co-operative Sugar Factory Dispute — Appeals involve allegations of mismanagement, enquiry under Section 83 of Maharashtra Co-operative Societies Act, 1960, and liquidation proceedings.

The High Court of Judicature at Bombay, Nagpur Bench, heard two Letters Patent Appeals (No. 197 of 2009 and No. 239 of 2009) arising from Writ Petitio...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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Bombay High Court Examines Challenge to Charge-Sheet Issued Under Rule 14 CCS (CCA) Rules Two Days Before Retirement. Department's 13-year delay in initiating proceedings and subsequent acquittal in criminal case on same facts raised questions of law.

The petitioner, a member of the Indian Revenue Service (Customs and Central Excise) recruited in 1979, was working as Additional Commissioner of Custo...