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Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Cheque Dishonour Case. Magistrate's Rejection of Section 311 CrPC Application Set Aside as Failure to Exercise Jurisdiction.

The petitioner, Shankar s/o Nathuji Khandare, was the original accused in S.C.C. No. 5305/2009 filed by respondent no.2, APT Packaging Limited, under ...

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Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The cheque was presented and dishonoured at a branch outside the court's jurisdiction, making the complaint under Section 138 of the Negotiable Instruments Act, 1881 not maintainable.

The applicant, Barakara Abdul Aziz, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Criminal ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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Bombay High Court Quashes Penalty Order Against Headmaster for Violation of Natural Justice in Disciplinary Inquiry. Failure to Supply Documents and Denial of Cross-Examination Renders Proceedings Unfair Under Maharashtra Zilla Parishads and Panchayat Samitis (Disciplinary Proceedings) Rules, 1964.

The petitioner, Manik Shravan Dukare, was appointed as an Assistant Teacher in a Zilla Parishad school in 1985 and later promoted to Headmaster. On 06...

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Bombay High Court Dismisses Revision Against Acquittal in Cheque Bounce Case. Complainant's Admission of No Business Transaction Rebuts Presumption Under Section 139 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the original complainant and the State against the acquittal of the accused under Section 1...