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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Debt and Lack of Proper Service of Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Legally Enforceable Debt and Notice Was Not Properly Served.

The revision petition was filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a ch...

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Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

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High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

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High Court of Bombay at Nagpur Dismisses Civil Revision Against Order Rejecting Jurisdictional Objection Under Section 115 CPC. Return of Plaint Under Order 7 Rule 10 CPC Constitutes Final Disposal for Maintainability, but Order Rejecting Jurisdiction Does Not Finally Dispose of Suit in Favour of Applicant.

The case involves a civil revision application filed by Hindustan Petroleum Corporation Limited (the defendant/applicant) challenging an order dated 2...

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Bombay High Court Dismisses Tenant's Second Appeal in Eviction Suit for Bonafide Need of Landlords. Concurrent Findings of Fact on Bonafide Requirement Cannot Be Interfered With Under Section 100 CPC.

The appellant, Vijay Shrihari Khandar, was a tenant in a part of a house bearing No.31 C.T.S. 2035, Sheet No.8 at Ramtek, owned by the respondents, Sh...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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Bombay High Court Allows Writ Petition in Service Matter Due to Failure to Frame Preliminary Issues in Disciplinary Enquiry. Labour Court and Industrial Court Orders Set Aside for Non-Compliance with Mandatory Procedure Under MRTU & PULP Act.

The petitioner, Pralhad Waman Lahane, was employed as a Banking Inspector at the Jalna District Central Co-operative Bank Ltd. He joined as a Clerk on...

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Bombay High Court Dismisses Second Appeal in Eviction Suit — Confirms Decree for Possession Based on Valid Sale Deed and Caretaker Agreement. Agreement for Sale and Subsequent Sale Deed Transfer Title; Occupier as Caretaker Must Vacate After Expiry of Term.

The respondent/plaintiff filed Regular Civil Suit No.819 of 2016 for possession and arrears of rent against the defendant, who had sold the suit prope...