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Bombay High Court Allows Accused to Examine Defence Witnesses in Sessions Case — Right to Fair Trial Under Article 21 Includes Opportunity to Lead Defence Evidence. Rejection of Summons for Defence Witnesses Set Aside as Violative of Natural Justice and Section 243 CrPC.

The petitioners, original accused in Sessions Case No. 11/2001 pending before the Additional Sessions Judge, Mapusa, were facing trial under Sections ...

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Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit for Recovery of Loan Amount. Condition of depositing Rs. 2,50,000/- was set aside as onerous and not warranted where defendant had raised triable issues and admitted part of the claim.

The petitioner, Smita Yashwant Lipte, filed a writ petition challenging an order passed by the learned Civil Judge, Senior Division, Chandrapur, in Su...

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Supreme Court Dismisses Appeals Against High Court's Alteration of Conviction from Murder to Culpable Homicide in Land Dispute Case. Prosecution's Suppression of Accused's FIR and Injury Reports Creates Reasonable Doubt.

The Supreme Court dismissed two appeals filed by the complainant and the State of Karnataka against the High Court's judgment altering the conviction ...

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Bombay High Court Allows Accused's Petition in Cheque Dishonour Case for Handwriting Expert Opinion. Accused entitled to send disputed cheque for expert opinion to rebut presumption under Section 139 of Negotiable Instruments Act, 1881.

The petitioner, Dada Ghanshyam Pathak, was the original accused in STCC No.1489/2006 filed by respondent No.2, Minabai Kishor Patil, under Section 138...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...