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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881 — Presumption of Legally Enforceable Debt or Liability Under Section 139 Stands Rebutted Only by Preponderance of Probabilities, Not Mere Denial.

The appellant, Sau. Dwaribai Nanakram Jivatramani, proprietor of Rajesh Agarbatti, filed a criminal appeal against the judgment and order of acquittal...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award in LPG Distributorship Dispute. The court held that the District Judge's refusal to set aside the award under Section 34 was not perverse and that the award was not in conflict with public policy.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed by M/s. Bharat Petroleum Corporation Limited challenging the judgm...

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Bombay High Court Allows Appeal of Widow and Children in Employee's Compensation Claim for Heart Attack Death. Liberal Construction of Pleadings Required Under Section 22 of Employee's Compensation Act, 1923.

The appellants, widow and children of the deceased truck driver, filed a claim under Section 22 of the Employee's Compensation Act, 1923, seeking comp...

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Bombay High Court Quashes FIR and Charge-Sheet in Insecticide Act Case Due to Lack of Sanction and Invalid Complaint. The court held that the complaint was not filed by a duly authorized Insecticide Inspector and no valid sanction was obtained under Section 31 of the Insecticide Act, 1968.

The applicant, Tajraj s/o Yadorav Chavhan, filed an application under Section 482 of the Criminal Procedure Code seeking quashing of FIR No. 0244/2023...

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Bombay High Court Allows Victim's Petition Against Detention Under ITPA, Orders Release and Compensation. Detention of Major Victim in Corrective Institution Without Consent Violates Right to Liberty Under Article 21.

The petitioner, a victim of trafficking, was rescued from a brothel in Mumbai and produced before the Magistrate. The Magistrate, after receiving repo...