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High Court of Karnataka Allows Appeal in NI Act Case — Restores Conviction for Cheque Dishonour. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appeal was filed by the complainant, Smt. G. Suma, challenging the judgment of acquittal dated 29.01.2011 passed by the Presiding Officer, Fast Tr...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

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Karnataka High Court Upholds Conviction for Defamation Under Section 500 IPC and Enhances Sentence to Imprisonment. Accused's Revision Dismissed, Complainant's Revision Partly Allowed for Enhancement of Sentence.

The case involves two criminal revision petitions arising from a defamation case under Section 500 of the Indian Penal Code (IPC). The complainant, H....

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High Court of Judicature at Bombay Considers Wealth Tax References and Writ Petition on Inclusion of Seized Gold in Net Wealth. Assessee Challenged Valuation of Gold Seized Under Gold Control Act, Claiming Nil Value Due to Confiscation and Revenue's Prevention of Investment in Exempt Gold Bonds.

The matters before the Bombay High Court comprised wealth tax applications, references, income tax appeals, and a writ petition arising from inclusion...

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High Court of Karnataka Grants Bail to Accused in Murder Case Under KCOCA — Prima Facie Case Not Made Out Against Petitioners. Court Held That Mere Presence at Scene or Association with Co-Accused Without Active Participation Does Not Attract Offences Under Karnataka Control of Organised Crime Act, 2000.

The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection ...

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Supreme Court Sets Aside High Court Order Permitting Recall and Reopening of Evidence in Civil Suit Due to Impermissible Filling of Lacunae. Recalling Witness Under Order XVIII Rule 17 CPC Cannot Be Used to Adduce Additional Evidence After Deletion of Rule 17A, Especially When Prior Admissions Exist.

The dispute arose from a civil suit filed in 2010 seeking declaration of ownership and permanent injunction over certain properties. The appellant, de...

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Supreme Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Overt Act. Conviction under Section 302 read with Section 120B IPC set aside as the only evidence of presence with a weapon was contradicted by key witnesses.

The appellant, Raj Kumar @ Suman, was convicted by the Sessions Court on 27th August 2003 for offences punishable under Section 302 read with Section ...

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Bombay High Court Acquits Multiple Accused in Dacoity Case Due to Unreliable Identification and Lack of Evidence. Convictions under Section 395 IPC set aside as test identification parade was not conducted and recovery of stolen property was not linked to the accused.

The case involves multiple appeals against a common judgment of the Additional Sessions Judge, Wardha, convicting several accused for offences under S...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...