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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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Bombay High Court Allows Appeals, Remands Case for Fresh Assessment, Clarifies Taxability of Unauthorised Structures and Reassessment of Land. Unauthorised Structures Held Liable to Property Tax Under Mumbai Municipal Corporation Act, 1888, While Land Already Assessed Cannot Be Reassessed.

The four first appeals before the Bombay High Court arose out of orders passed by the Small Causes Court in municipal appeals concerning the fixation ...

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Supreme Court Upholds Conviction for Kidnapping for Ransom in Panchkula Case — Life Imprisonment Maintained. Circumstantial evidence including call detail records and IMEI numbers sufficient to prove guilt under Sections 364A, 392, 120B IPC.

The appellants were convicted by the trial court for kidnapping a boy, Sachin Garg, for ransom, robbery, and criminal conspiracy under the Indian Pena...

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Bombay High Court Dismisses Judgment Debtor's Challenge to Execution of Arbitral Award on Ground of Non-Receipt of Signed Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996. Receipt of Certified Copy by Post Satisfies Section 31(5) and Award Becomes Enforceable Under Section 36(1).

The petitioner, Rahul S/o Omprakash Gandhi, filed four writ petitions (W.P. Nos. 6091/2022, 6092/2022, 6093/2022, and 6094/2022) challenging the execu...

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Bombay High Court Allows Demat Account in Name of Deity, Recognizes Deity as Juristic Person Under Hindu Law. The court held that a deity, being an artificial person under Hindu law, is entitled to open a Demat account for share transactions under the Depositories Act, 1996.

The Petitioner, Shri Ganpati Panchayatan Sansthan Trust, a private trust managing five family deities (Lord Ganpati, Chintamaneshwar Deo, Suryanarayan...

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Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...