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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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Bombay High Court Examines Challenge to SEBI Special Court's Rejection of Compounding Application Under Section 24A of SEBI Act. Writ Petition Filed Against Order Denying Compounding of Offence Under Section 24(2) for Non-Payment of Penalty Without SEBI Consent.

The case involved a criminal writ petition filed by N.H. Securities Ltd. and its directors seeking to quash an order of the SEBI Special Court that ha...

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Bombay High Court Dismisses Election Petitioner in Representation of the People Act, 1951 Case — Alleged Corrupt Practice of Bribery Not Proved. Seizure of Rs. 50 Lakhs in Candidate's Vehicle Without Evidence of Offer or Distribution to Electors Held Not to Constitute Bribery Under Section 123(1)(A).

The election petition challenged the election of the respondent, the official candidate of the Bharatiya Janata Party, from the Dahisar Assembly Const...

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Karnataka High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case as Complaint Was Time-Barred Under Section 142(b) of NI Act. Failure to File Condonation Application for Limitation Despite Objection at Trial Renders Acquittal Proper.

The appeal before the Karnataka High Court arose out of a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging dishonour of t...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...