Search Results for "Section 146 Evidence Act"

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Bombay High Court Quashes Trial Court Order Allowing Prosecution to Refresh Witness Memory Using Section 161 CrPC Statement During Examination-in-Chief. Use of Section 161 Statement for Refreshing Memory Violates Section 162 CrPC and Section 159 Evidence Act.

The petitioner, Meena Tuyekar, the accused in a corruption case, challenged an order dated 18.1.2024 passed by the trial court allowing the Public Pro...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Court Sets Aside Order Allowing Witness Recall, Emphasizes Expeditious Resolution of 38-Year-Old Suit. Plaintiffs successfully challenge Small Causes Court decision, highlighting undue delays and insufficient justification for recalling Defendant's witness.

The petition challenges an order by the Small Causes Court in Mumbai that allowed the Defendant's witness (DW1) to be recalled for re-examination, cla...

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High Court of Karnataka Allows Writ Petition of Principal Challenging Termination — Disciplinary Enquiry Set Aside for Violation of Natural Justice. Non-Supply of Enquiry Report Under Rule 17 of Karnataka Private Educational Institutions (Discipline and Control) Rules 1978 Renders Termination Invalid.

The petitioner, Hebbalappa Havalappa Hiremani, was employed as Principal of Smt. Giraja Mahila Pre-University College, Sindhanur, run by the responden...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that once the cheque and signature are admitted, the presumption of a legally enforceable debt arises, and the accused must rebut it with evidence.

The appellant, Vandana Pandey, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abhilasha Pande, al...

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Bombay High Court Dismisses Petition Challenging GST Detention Order — Petitioner Failed to Produce E-Way Bill or Invoice at Time of Inspection, Detention Upheld Under Section 129 of MGST Act, 2017.

The petitioner, Velentine Properties Private Limited, filed a writ petition challenging the detention of its goods and vehicle by the State of Maharas...