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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Presumption of Legally Enforceable Debt Under Sections 118 and 139 NI Act Not Rebutted by Accused.

The present criminal revision petition was filed by the accused-petitioner, Sri R. Rajappa, challenging the judgment of conviction and order on senten...

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High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

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Supreme Court Allows Appeal and Restores Decree for Specific Performance in Property Sale Dispute — Time Not of Essence Due to Reciprocal Promises. Seller's Obligation to Clear Mortgage First Made Time Flexible; Plaintiff's Readiness and Willingness Established by Deposits and Notices.

The appeal arose from a suit for specific performance of an agreement to sell dated 22.09.2002, whereby the defendant agreed to sell suit property to ...

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Bombay High Court Allows Wife's Appeal in Child Custody Case Due to Lack of Proper Service. Trial Court's Ex-Parte Order Handing Over Minor Daughter's Custody to Father Set Aside for Violation of Natural Justice.

The appellant, Jayshri Gajendra Mahajan, wife of the respondent Gajendra Pandit Mahajan, filed an appeal against the judgment and order dated 16th Jun...

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Bombay High Court Quashes Cancellation of Notary Certificate for Violation of Natural Justice. Impugned order set aside as it was passed without show-cause notice and without affording opportunity of hearing, in contravention of Notaries Act, 1952 and Notaries Rules, 1956.

The Petitioner, Mr. Lalit Doshi, a practicing Advocate since 1971 and a Notary Public since 2004 appointed by the Central Government, challenged an or...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Results in Quashing of Complaints.

The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints u...

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Bombay High Court Quashes Summons Issued Under Section 160 CrPC for Production of Documents Beyond Territorial Jurisdiction. Investigating Agency Cannot Summon Person Residing Outside Police Station Limits for Document Production Under Section 160 CrPC; Proper Remedy Lies Under Section 91 CrPC.

The petitioner, Shri Anirudha S. Bhagat, a resident of Mumbai, challenged summonses issued by the Investigating Agency in Daman under Section 160 of t...