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Bombay High Court at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...

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Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations and Non-Impleadment of Company. Vicarious liability under Section 141 of Negotiable Instruments Act, 1881 requires specific averments and company must be made accused.

The petitioners, Harry Inder Dhaul, Narayan Singh Pathania, and Mikhail s/o Harry Dhaul, were directors of Siddhayu Ayurvedic Research Foundation Priv...

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High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

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Bombay High Court Dismisses Appeal Against Refusal to Initiate Perjury Proceedings in Civil Suit. Filing a false affidavit in a civil suit does not automatically constitute an offence under Section 199 IPC without proof of intent to cause injury and that the statement was made in a judicial proceeding.

The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent...

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High Court of Bombay Reviews Convictions and Death Sentence in Sexual Abuse of Mentally Challenged Girls at Children’s Home. Prosecution Established Charges Under IPC and Juvenile Justice Act for Rape, Unnatural Offences, and Assault Against Inmates, Leading to Appeals and Confirmation of Death Penalty.

The case arose from a suo motu public interest litigation initiated by the Bombay High Court after a newspaper report exposed the poor conditions in c...

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High Court of Karnataka Allows Writ Petition of Nursing Student Seeking Admit Card for Examination. Court Directs University to Issue Hall Ticket and College to Permit Continued Studies Despite Attendance Issues.

The petitioner, Jennifer A., filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. She...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment of Suicide. Acquittal upheld as prosecution failed to prove cruelty or instigation leading to suicide under Sections 498A, 306, 504, 506 read with 34 of Indian Penal Code, 1860.

The State of Maharashtra appealed against the judgment and order dated 28-1-2003 passed by the 2nd Ad-hoc Assistant Sessions Judge, Karad, acquitting ...

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Bombay High Court Dismisses Contempt Petition Against Shareholders for Alleged Scandalous Allegations in Legal Proceedings. Filing of false cases does not constitute criminal contempt unless it scandalizes the court or impedes administration of justice under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Housing Development Finance Corporation Limited (HDFC), filed a contempt petition against respondent shareholders Sureshchandra V. Par...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...