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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...

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Bombay High Court Dismisses Writ Petition Against Trial Court's Rejection of Witness Summons to Adversary in Partition Suit. Trial Court's Order Upheld That a Party Cannot Call Its Adversary as Its Own Witness Under Order XVI Rule 1 and Rule 21 of Code of Civil Procedure, 1908.

The litigation arose from a suit for partition, possession and perpetual injunction instituted by the original plaintiffs, whose predecessor Digambar ...

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Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

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Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...

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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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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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CRIMINAL WRIT PETITION Nos. 452

Multiple writ petitions and a criminal application were filed before the Bombay High Court, Nagpur Bench, challenging police actions of raiding or sto...