Search Results for "postal endorsement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "postal endorsement"

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High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

23 Nov 2020

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

High Court

Bombay High Court Upholds Pay-and-Recover Direction Against Insurer for Dishonoured Cheque Premium — Insurer Must Pay Third-Party Claimants First Then Recover from Owner. The court held that under Section 149 of the Motor Vehicles Act, 1988, the insurer is liable to third parties even if the premium cheque was dishonoured, and the direction to pay first and recover from the owner is valid.

4 Dec 2017

The Oriental Insurance Co. Ltd. appealed against the judgment and award dated 7th November 2008 passed by the Motor Accident Claims Tribunal, Akola in...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by cogent evidence; mere endorsement of 'refused' on returned envelope is insufficient.

30 Nov 2017

The applicants, Madan Shankar Bhivsane and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Liable Despite Policy Commencing After Accident Time. Policy effective from 15/06/2006 covers accident on 14/06/2006 at 20:45 hrs as policy commences from midnight, and insurer cannot escape liability under Section 147 of Motor Vehicles Act, 1988.

22 Jun 2017

The case arises from a motor accident claim where the original claimant (since deceased) sought compensation for injuries sustained in a vehicular acc...

High Court

Bombay High Court Quashes Process Against Accused in Section 138 NI Act Case — Cheque Not Drawn on Accused's Account. Applicant cannot be held vicariously liable under Section 138 of Negotiable Instruments Act, 1881 as the cheque was drawn on the account of a proprietorship firm, not on the personal account of the accused.

12 Feb 2016

The applicant, Dr. (Mrs) Rajul Ketan Raj, was accused no.1 in three complaints filed by Reliance Capital Ltd. under Section 138 of the Negotiable Inst...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

14 Aug 2015

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

Bombay High Court Sets Aside Ex Parte Custody Order Due to Lack of Proper Service and Remands Matter for Fresh Hearing. Guardian and Wards Act, 1890 — Sections 6, 7 — Custody of minor child — Ex parte order passed without ensuring effective service on respondent mother.

20 Aug 2014

The present appeal arises from a judgment and order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai, in Petition No. D-75 of 2...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when cheque and signature are admitted, shifting burden on accused to prove defence.

23 Aug 2006

The case involves a criminal appeal filed by the complainant, Sukhalal Kumar, against the acquittal of the accused, Prakash B. Borkar, under Section 1...

High Court

Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

11 Aug 2005

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

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