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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal dispatch, not mere endorsement of 'not claimed'.

The petitioner, Sanjay Bapuso Dalvi, aged 57 years, an agriculturist, filed a criminal writ petition under Article 226 of the Constitution of India re...

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High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

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Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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Bombay High Court Allows Writ Petition in Service Matter Due to Failure to Frame Preliminary Issues in Disciplinary Enquiry. Labour Court and Industrial Court Orders Set Aside for Non-Compliance with Mandatory Procedure Under MRTU & PULP Act.

The petitioner, Pralhad Waman Lahane, was employed as a Banking Inspector at the Jalna District Central Co-operative Bank Ltd. He joined as a Clerk on...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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Bombay High Court Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Non-Execution Upheld. Gift Deed Allegedly Obtained by Fraud on Illiterate Executant; Burden of Proof Not Discharged by Donee.

The appellant-defendant (Dattatray Narayan Aher) challenged the concurrent judgments of the trial court and first appellate court decreeing the suit f...

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Bombay High Court Pronounces Judgment on Writ Petition Challenging Disqualification of Consortium's Financial Bid in Municipal Water Supply Tender; Court Examines Scope of Judicial Review Under Article 226 of Constitution of India.

The petitioners, a consortium of three companies, challenged the decision of the Mira Bhayander Municipal Corporation's Standing Committee which disqu...

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Bombay High Court Dismisses Appeal Against Acquittal in NDPS and Customs Act Case Due to Procedural Lapses. Non-compliance with Section 42 of NDPS Act and absence of independent witnesses led to failure of prosecution to prove guilt beyond reasonable doubt.

The appeal was filed by the Assistant Collector of Customs, Bombay, against an order of acquittal dated 9/11/1992 passed by the Special and Additional...

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Bombay High Court Quashes Tender Award in Municipal Contract Case for Violation of Tender Conditions and Lack of Transparency. The Court held that the Corporation's decision to award the contract to a technically disqualified bidder was arbitrary and unsustainable.

The case involves a writ petition filed by Kirloskar Brothers Limited (Maharashtra Electro-mech Joint Venture) challenging the tender process conducte...