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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

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Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case but Reduces Compensation Amount. Dishonour of Cheque for Rs. 7,10,000 under Section 138 of Negotiable Instruments Act, 1881 - Sentence reduced from Rs. 7,10,000 to Rs. 4,70,000.

The petitioner, M/s. Banavathy & Company, filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the judgment date...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

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High Court of Karnataka Quashes Charge Sheet in Money Lending Dispute Due to Civil Nature of Transaction. Sections 384, 420, 506 IPC Not Attracted as Dispute Pertains to Loan Repayment and Not Criminal Extortion or Cheating.

The petitioner, Sathish Kumar S, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court o...