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Gujarat High Court Dismisses Revision Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt and Notice. Complainant Could Not Establish Legally Enforceable Debt or Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Dr. Anilbhai Dineshchandra Chauhan, filed a criminal revision application under Section 397 of the Code of Criminal Procedure, 1973, ch...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...

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Supreme Court Allows Appeal in Arbitration Execution Case — Interest Ceases on Withdrawal of Deposited Amount. Court holds that when a decree holder withdraws a deposited amount, interest ceases to run from the date of withdrawal, even if no formal notice under Order XXI Rule 1(4) CPC is given.

The case arises from an arbitration award dated 14.04.2000, whereby the appellant, Nepa Limited, was directed to pay Rs. 14,49,300/- to the respondent...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

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High Court of Karnataka Acquits Accused in Corruption Case Due to Lack of Independent Witnesses and Unreliable Trap Proceedings. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.

The appellant, G B Jagadeesh, was convicted by the Special Judge, Davanagere, in Spl.C.(Lokayukta) No.9/2007 for offences under Sections 7, 13(1)(d) r...

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Bombay High Court Upholds Life Sentence for Husband in Wife's Murder Case Based on Circumstantial Evidence. Conviction under Section 302 IPC for murder of wife Nirmala confirmed as chain of circumstances including last seen evidence, motive, and recovery of weapon was complete.

The appellant, Pandurang Vinayak Deokar, was convicted by the III Additional Sessions Judge, Solapur for the murder of his wife Nirmala under Section ...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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NCLAT Allows Appeal Against Dismissal of Section 7 IBC Application by Financial Creditor. Loan Agreement and Default Established Through Signed Documents and Acknowledgment of Debt.

The present appeal was filed by Desana Impex Limited (Appellant), a Non-Banking Financial Corporation (NBFC) registered under the Companies Act, 2013 ...