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Found 1976 result(s)

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Karnataka High Court Hears Writ Petition Challenging Condonation of Delay in Filing Arbitration Application Under Section 34 of Arbitration Act. Dispute Centers on Whether Limitation Runs from Original Award or Belated Correction Order When Section 33 Application Filed Beyond 30 Days.

The writ petitions challenged the order of the Commercial Court condoning the delay in filing arbitration suits under Section 34 of the Arbitration an...

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Supreme Court Allows Appeal Against Confiscation of Truck Under UP Excise Act — Collector's Confiscation Power Not Exclusive When Criminal Trial Is Pending. Magistrate Retains Jurisdiction Over Seized Property Under CrPC When IPC Offences Are Also Involved.

The appellant, owner of a truck seized for transporting 154 cartons of illicit liquor along with a country-made pistol and live cartridges, challenged...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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Bombay High Court Quashes Cheating Charge Against Auction Purchaser for Failure to Pay Balance Amount. Non-payment of auction amount does not constitute cheating under Section 420 IPC when the purchaser expressed inability and requested cancellation.

The applicant, Ayub Ahmed Sayyed, was the highest bidder in an auction conducted by the Collector, Ahmednagar for a sand strip in river bed Mula at Ma...

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Bombay High Court Upholds Acquittal in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Repay Loan Does Not Constitute Cheating Under Section 420 IPC When Transaction is Essentially a Civil Debt.

The State of Maharashtra appealed against the acquittal of Radheshyam Motilal Rungta (respondent/accused) by the Sessions Court, which had reversed hi...