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High Court of Karnataka Quashes Criminal Revision Order in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Period Under Section 138 of Negotiable Instruments Act, 1881. Complaint Filed Before Expiry of 15-Day Notice Period Held Invalid, Proceedings Quashed Under Section 482 CrPC.

The petitioners, accused in a cheque dishonour case, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set ...

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Bombay High Court Quashes Criminal Proceedings in Trust Dispute — Allegations of Forgery and Cheating Found to Be Civil in Nature. Dispute Over Office-Bearers of Public Trust Does Not Attract Criminal Liability Under Sections 465, 467, 468, 471, 420, 406, 409, 120-B IPC Without Clear Evidence of Fraud.

The applicants, who were office-bearers of a public trust registered under the Maharashtra Public Trusts Act, 1951, filed a criminal application under...

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High Court of Karnataka Quashes Proceedings Against Accused No.7 in Cheque Dishonour Case Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Setting Aside of Summoning Order.

The petitioner, Prasad S/o Veerayya Kulkarni, who was accused No.7 in C.C.No.790/2016 pending before the Prl. Civil Judge & JMFC, Nippani, filed a cri...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued to Brother-in-Law, Reduces Sentence to Fine Only. Cheque Issued to Prevent Harassment of Sister Held Not Supported by Lawful Consideration, But Presumption Under Section 139 NI Act Not Rebutted.

The petitioner/accused, Smt. Shobhavathi, issued a cheque for Rs.50,000 in favour of the respondent/complainant, Dr. Krishnoji Rao, who is her brother...

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Supreme Court Allows Landlord's Appeal in Eviction Case Under UP Urban Buildings Act, 1972. Prescribed Authority's finding of bona fide need and comparative hardship under Section 21(1)(a) reinstated as Appellate Authority's reversal lacked sufficient reasoning.

The appeal arose from a landlord-tenant dispute over a cinema building in Allahabad. The appellant, successor-in-interest to Murlidhar Aggarwal, sough...

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Bombay High Court Allows Criminal Application Under Section 482 CrPC and Discharges Accused in Cheating Case. Lease Agreement Dispute Lacks Dishonest Intention Required for Section 420 IPC.

The applicant, Deepak Jaiswal, a director of M/s D.J. Enterprises Ltd., filed a criminal application under Section 482 of the Code of Criminal Procedu...

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Bombay High Court Allows Writ Petition Challenging Acquisition Order Under Section 269UD(1) of Income Tax Act, 1961 — Petitioner Entitled to Refund of Amount Deposited with Interest as Acquisition Order Set Aside Due to Non-Compliance with Statutory Requirements.

The petitioner, M/s. Zeal Real Estate Limited (formerly Insat Leasing & Holding Limited), a company registered under the Companies Act, 1956, entered ...

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Bombay High Court Dismisses Petition Challenging Sessions Court's Order Quashing Process for Mischief Under Section 426 IPC. Construction on Own Property Not Mischief Unless It Causes Wrongful Loss or Damage to Complainant's Property.

The petitioner, Sayyad Yunus Pachulal Patel, filed a criminal writ petition before the Bombay High Court challenging an order passed by the learned Se...