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Bombay High Court Allows Petition by Port Trust Against Sub-Tenant — Eviction Order Restored Under Public Premises Act. Sub-tenant cannot claim protection under Mumbai Municipal Corporation Act as premises are governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner, the Board of Trustees of the Port of Mumbai (a statutory corporation), filed a writ petition challenging an order of the City Civil Co...

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Supreme Court Dismisses Challenge to Repeal of University Act — State's Power to Repeal Upheld as Reasonable Classification Under Article 14. Heritage Protection Justifies Singling Out Khalsa University for Repeal, Not Arbitrary.

The Supreme Court dismissed the appeal challenging the constitutional validity of the Khalsa University (Repeal) Act, 2017, passed by the Punjab Legis...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Convicts Accused for Cheque Dishonour. Presumption under Section 139 of N.I. Act stands unless rebutted by accused on preponderance of probabilities.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate, Bengaluru, against t...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...