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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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High Court of Karnataka Enhances Compensation for Injured Coolie Worker in Motor Accident Case Due to Inadequate Income Assessment. Notional Income Reassessed at Rs. 4,500/- per Month with 40% Future Prospects and 10% Functional Disability.

The appellant, Mahammad Shafi, a coolie worker aged 22, sustained injuries in a motor vehicle accident on 24.02.2008 when a Tata Sumo hit him while he...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Cheque Dishonour Due to Stop Payment. Accused's Defence of Agreement Breach Fails as Stop Payment Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision petition filed by the accused, Gabriel Peter D'Souza, challenging his conviction under Section 138 of the Negoti...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Section 139 of NI Act. The court confirmed that the accused's defence of a blank cheque was not credible and that the complainant had proved the existence of a legally enforceable debt.

The case involves a criminal revision petition filed by the accused, C. Niranjan Yadav, challenging his conviction under Section 138 of the Negotiable...

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High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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Bombay High Court Cancels Bail Granted Under Section 437(6) CrPC for Non-Completion of Trial Within 60 Days of Charge Framing. The court held that the Magistrate failed to consider the prosecution's application for further investigation under Section 173(8) CrPC, which justified the delay in trial.

The applicant, UT Worldwide India Pvt. Ltd., filed five criminal applications seeking cancellation of bail granted to respondent no. 2 (the accused) b...

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Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...