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Bombay High Court Allows Petitions Challenging Issuance of Process in Criminal Complaint for Non-Compliance with Section 204(4) CrPC. Failure to Pay Process Fees Within Reasonable Time Mandates Dismissal of Complaint, Not Deferred Issuance of Process.

The petitioners, accused nos. 1 to 4 in Regular Criminal Case No. 762 of 2007, filed two criminal writ petitions challenging the order dated 1.10.2016...

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High Court of Karnataka Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Notice sent to wrong address invalidates proceedings under Section 138 of NI Act.

The petitioners, accused Nos.4, 6, and 5 in C.C.No.5577/2012 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, filed a petiti...

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Bombay High Court Considers Interim Application for Arbitration Reference in Commercial Summary Suit — Dispute Involves Recovery of Investment Amount and Applicability of Arbitration Clause in MOU

This judgment pertains to an interim application filed by the defendants in a commercial summary suit seeking reference of the dispute to arbitration ...

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High Court of Karnataka Quashes Criminal Proceedings in Auction Dispute — No Criminal Offence Made Out in Absence of Fraud or Dishonest Intention. Sale Certificate Issued by Corporation Under Section 29 of SFC Act Confers Title; Subsequent Criminal Complaint for Cheating and Trespass Not Maintainable.

The petitioner, Sri Nagaraj Rao C.H., filed a criminal petition under Section 482 CrPC seeking quashing of the order dated 30.07.2016 passed by the I ...

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Supreme Court Allows Appeal in Specific Performance Suit, Sets Aside Ex Parte Decree Subject to Conditions. Litigation Should Be Adjudicated on Merits, Not Terminated by Default Under Order 9 Rule 13 CPC.

The appeal arose from a suit for specific performance and mandatory injunction filed by the respondent (plaintiff) against the appellant (defendant). ...

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Bombay High Court Allows Advocate's Petition Against Misconduct by Special Executive Magistrate in Section 107 CrPC Proceedings. Court Holds That Police Officers Acting as Executive Magistrates Must Follow Judicial Procedure and Cannot Humiliate Advocates.

The judgment pertains to two criminal writ petitions filed before the Bombay High Court, Nagpur Bench, challenging the practice and procedure adopted ...

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WRIT PETITION NO. 4457 OF 2015

The Petitioners, various unaided schools including minority schools, filed writ petitions before the High Court of Bombay challenging Government Resol...