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Bombay High Court Allows Impleadment of Proprietor in Cheque Dishonour Case Despite Limitation Bar. Section 319 CrPC Can Be Invoked After Cognizance to Add Accused Even if Direct Complaint Would Be Time-Barred.

The petitioner, Kamal Lakhotia, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against Rajesh Parekh (respondent no.1) a...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

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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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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...