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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...

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Bombay High Court Dismisses Petition Challenging Rejection of Further Investigation Application in Death Case. Trial Court's Discretion Upheld as Applications Were Filed After Trial Commenced and Key Witnesses Examined.

The petitioner, Rabia Khan, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 16.09.2021 passed by the Special Ju...

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Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Cheque Dishonour Case. Magistrate's Rejection of Section 311 CrPC Application Set Aside as Failure to Exercise Jurisdiction.

The petitioner, Shankar s/o Nathuji Khandare, was the original accused in S.C.C. No. 5305/2009 filed by respondent no.2, APT Packaging Limited, under ...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Dismisses Defendant's Application for Discovery and Inspection in Gas Supply Contract Dispute. No Contractual Relationship Established as GSPA Not Signed.

The plaintiff, NTPC Limited, filed a suit against Reliance Industries Limited seeking a declaration that no contract existed between them for the supp...

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High Court of Karnataka Dismisses Appeal in Declaration and Injunction Suit, Allows Partition Appeal — Family Property Dispute Over Joint Family Property and Adverse Possession

The case involves two appeals arising from suits between family members over agricultural land in Doddakannahalli. The appellant, K N Sananda Ganesh, ...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View — Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989

The applicant, Rajaram Sayaji Narote, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR ...