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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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High Court of Karnataka Delivers Order on Petition to Quash Criminal Complaint in Share Forgery Case — Allegations of Duplicate Shares and Impersonation Reviewed Under IPC Sections 467 and 418 Without Specific Accusations Against Company Officials

This criminal petition under section 482 of the Code of Criminal Procedure, 1973 was filed by United Spirits Limited, a public limited company, seekin...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Allows Writ Petition in Cyber Fraud Case — Directs Bank to Refund Rs. 76.9 Lakhs Under RBI Circular. Unauthorized Addition of Beneficiaries and Absence of OTP Constitute Deficiency in Service Under RBI Circular Dated 6 July 2017.

The petitioners, a director and a closely held family company, maintained a bank account with Respondent No. 2 for 15-20 years. On 1 October 2022, unk...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

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High Court of Karnataka Considers Writ Petition for De-freezing of Bank Account in Alleged Crypto Currency Fraud Case. Petitioner Claims Innocence and Non-Compliance with Section 102 Cr.P.C.

The petitioner, a businessman engaged in oil trading, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Bombay High Court Considers Interim Injunction Application in 'AirTel' Trademark Dispute Between Telecom and Liquor Companies. Plaintiffs Allege Passing Off and Copyright Infringement Against Defendants Using Identical Mark on Alcoholic Beverages.

The plaintiffs, a leading telecommunications company providing mobile services under the brand 'AirTel', filed a suit against the defendants, a liquor...