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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Negligence of Driver Upheld, Multiplier Applied Correctly. The Court enhanced compensation from Rs.15,47,000 to Rs.18,47,000 by adding future prospects and applying multiplier 18 under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the parents of the deceased, Samilulla and Ashrafunisa, seeking compensation for the dea...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Complaint Dismissed for Non-Prosecution. Trial Court directed to restore C.C. No.2735/2013 to its original stage as dismissal for non-prosecution was not justified.

The appellant, Nagaraj, filed a private complaint against the respondent, Ishwar, under Section 138 of the Negotiable Instruments Act, 1881, in C.C. N...

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Bombay High Court Allows Petition of Company in Stamp Duty Adjudication Case — Holds Adjudication Under Section 31 of Bombay Stamp Act, 1958 Final and Binding. Reopening of Adjudication After 20 Years Under Section 53A Is Without Jurisdiction and Barred by Delay.

The petitioner, Hindustan Unilever Ltd., filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 NI Act is committed at the place of dishonour and service of notice, which was Delhi, not Bangalore.

The petitioners, Sri Devidas Garg, Smt. Amita Garg, and Sri Santhosh Kumar Garg, filed two criminal petitions under Section 482 of the Code of Crimina...

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High Court of Karnataka Quashes Proceedings Against Director in Dishonour of Cheque Cases Due to Lack of Specific Averments — Petitioner Not a Director of the Drawer Company at Relevant Time

The petitioner, Sri Shamanur Shivashankarappa, filed three criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quash...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...

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Supreme Court Reverses High Court's Order for Accounts; Holds Export Transactions as Sales Not Agency. Distinction Between Sale and Agency Clarified Under Indian Contract Act, 1872, Based on Contractual Terms and Course of Dealing.

The dispute arose between a trader in hides and skins (respondent) and an exporter (appellant) over the nature of their contractual relationship durin...