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High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...

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WRIT PETITION (L) NO. 2317 OF 2019

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Supreme Court Dismisses Death-Row Convict's Challenge to Rejection of Mercy Petition in Nirbhaya Gang Rape Case. President's Power Under Article 72 is Constitutional Duty Subject to Limited Judicial Review; No Grounds for Interference Established.

The petitioner, Vinay Sharma, a death-row convict in the Nirbhaya gang rape case, filed a writ petition under Article 32 of the Constitution challengi...

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Bombay High Court Reviews Conviction of Assistant Teacher Under Sections 376, 354, and 366 IPC. Appeal Challenges Trial Court's Findings on Alleged Rape and Outraging Modesty of a Minor Student.

The appellant, a mathematics teacher at Yashoyash School, was convicted by the trial court under Sections 366 read with 34, 376, and 354 of the Indian...

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High Court Dismisses Accused's Petition for Quashment in Cheating and Forgery Case Due to Bar of Second Petition. Second Petition on Same Grounds After Charge Sheet Not Entertainable When Earlier Petition Under Section 482 CrPC Was Dismissed at Investigation Stage.

The dispute arose from a joint development agreement (JDA) executed between the complainant, B. Ankamma Rao, and M/s Mahidhara Projects Private Limite...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Supreme Court Hears Appeal Against High Court's Dismissal of Writ Petition Challenging Departmental Action in Jail Break Case. Case Involves Escape of Four Under-Trials from Burail Jail Through a 94-Foot Tunnel, Leading to FIR and Enquiry Committee Report.

The case concerns the escape of four under-trial prisoners from Model Jail, Burail, Chandigarh, on the night of 21-22 January 2004. The prisoners esca...