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Search Results for "restoration of complaint"

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High Court

Bombay High Court Partly Allows Writ Petition, Restores ULP Complaint Dismissed in Default After 19 Years, Deprives Petitioner of Back-Wages for Period of Delay. The court balanced equities by restoring the complaint to allow the petitioner to challenge his dismissal under the MRTU & PULP Act, 1971, while depriving him of back-wages due to his own delay.

23 Sep 2024

The petitioner, Sambhaji Shankar Vanave, filed a complaint under Item-1 Schedule-IV of the Maharashtra Recognition of Trade Unions and Prevention of U...

High Court

High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Complainant's Dishonour of Cheque Complaint Dismissed Due to Non-Prosecution. Court Restores Complaint on Condition of Costs, Holding That Dismissal for Default Is Not an Acquittal and Can Be Revived in the Interest of Justice.

14 Dec 2018

The complainant, Smt. H. Gayathri, filed a criminal revision petition before the High Court of Karnataka at Dharwad Bench, challenging the judgment an...

High Court

High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Order of Acquittal Restored Due to Non-Prosecution by Complainant. The High Court held that the Sessions Court erred in restoring a complaint dismissed under Section 256 Cr.P.C. for non-appearance of the complainant, as the dismissal amounted to an acquittal and could not be set aside in revision.

9 Aug 2018

The petitioner, Smt. G. Kamala, was the accused in a complaint filed by the respondent, Umesh Shetty, under Section 138 of the Negotiable Instruments ...

High Court

Bombay High Court Allows Workmen's Restoration Application in Unfair Labour Practice Complaint Against Bajaj Auto Limited. Industrial Court's Rejection on Merits Set Aside, Matter Remanded for Fresh Consideration.

19 Jan 2018

The judgment concerns two writ petitions arising from an order dated 19.01.2011 passed by the Industrial Court, Aurangabad. The petitioners in Writ Pe...

High Court

High Court of Karnataka Allows Revision Petitions in Cheque Dishonour Cases — Conviction Set Aside Due to Non-Prosecution of Complainant and Lack of Evidence. The court held that the dismissal of complaint for default was proper and restoration without notice to accused was illegal, and the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881.

12 Apr 2016

The case involves three criminal revision petitions filed by the accused (M/s Ideb Buildcon Private Limited, H S Bedi, Avneet Bedi, and Oan Ali Zahid)...

High Court

Bombay High Court Allows Restoration of Complaint Under Section 138 of Negotiable Instruments Act Despite Dismissal for Default — Magistrate Has Inherent Power to Restore Complaint Dismissed Under Section 256 CrPC

28 Jul 2011

The applicant, Ramdas Bhagwan Bankar, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, K...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 for Non-Prosecution. Court Holds That Dismissal in Default and Acquittal of Accused Without Considering Merits Is Not Sustainable When Complainant's Counsel Was Present.

27 Apr 2011

The applicant, Murlidhar s/o Harkisandas Manwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act Due to Non-Appearance of Complainant Without Notice of Adjourned Date. The Court restored the complaint after finding that the adjournment date was changed without intimation to the complainant's counsel.

15 Jan 2010

The appellant, Nagpur District Central Cooperative Bank Limited, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881,...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act for Non-Appearance on a Single Date. The Court restored the complaint holding that dismissal without opportunity of hearing was not justified.

15 Jan 2010

The appellant, Nagpur District Central Cooperative Bank Limited, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

High Court

Bombay High Court Allows Restoration of Complaint Dismissed Under Section 256 Cr.P.C. Due to Non-Appearance. Magistrate's Inherent Power to Recall Dismissal Order Recognized When Complainant Appears Shortly After Dismissal.

7 Jan 2010

The appellant, Vinod Manaklalji Saboo, filed a complaint against respondent no.1, Kishor Gopichandji Uke, which was dismissed under Section 256 of the...

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