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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Discharges Public Servants in Jail Sepoy Recruitment Scam Case for Lack of Sanction Under Section 197 CrPC. Alleged Acts of Tampering with Marks Were Part of Official Duties, No Prima Facie Case of Criminal Conspiracy Made Out.

The Bombay High Court allowed a batch of writ petitions challenging the rejection of discharge applications by the Special Judge in a corruption case ...

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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; failure to rebut leads to conviction.

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

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Bombay High Court Upholds Setting Aside of Councillor's Election for Bribery Under Representation of the People Act. Payment of Rs.500 to a voter constitutes corrupt practice of bribery under Section 123(1) of the Representation of the People Act, 1951, and the election of the returned candidate is void.

The case arises from an election petition filed by Respondent No.1 (original petitioner) challenging the election of the petitioner (original responde...

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Supreme Court Modifies Conviction from Section 364A IPC to Section 363 IPC in Kidnapping for Ransom Case Due to Insufficient Proof of Threat to Cause Death or Grievous Hurt. Long Incarceration Considered as Mitigating Factor for Sentence Reduction.

The case pertains to the kidnapping of a 14-year-old boy, Harsh Sobti (PW-21), son of Dr. H.K. Sobti (PW-20), on 15.02.2000. The appellants were convi...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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Bombay High Court Acquits Accused in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Agreement to Sell Not Signed by Accused, No Privity of Contract Established Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the accused, Shaikh Suleman Shaikh Rustam, challenging his conviction under Section 138 of ...