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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Bombay High Court Dismisses Railway's Appeal in Accidental Fall Case — Deemed Untoward Incident Under Railways Act. Ticket Found on Deceased Conclusive Proof of Bona Fide Passenger Status and Accidental Fall from Train.

The case involves an appeal filed by the Union of India, represented by the General Manager (Claims) of South Central Railway, against the judgment an...

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Bombay High Court Grants Anticipatory Bail to Municipal Councilors in Corruption Case — No Prima Facie Case of Criminal Conspiracy Established. Court held that mere presence at a meeting does not constitute criminal conspiracy under Section 120-B IPC without evidence of prior agreement.

The judgment concerns three criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail. The appl...

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Bombay High Court Allows Petition for Interim Compensation Under Section 140 of Motor Vehicles Act, 1988 — No-Fault Liability Principle Applied. Tribunal's Order to Hear Application on Merits Set Aside as Premature; Interim Compensation Directed to Be Paid Within Four Weeks.

The petitioner, Meenakshi @ Meena Ashok Jondhale, filed a writ petition before the Bombay High Court challenging an order of the Motor Accident Claims...

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Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...

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Bombay High Court Dismisses Appeals Challenging Election of Directors to Cooperative Bank Board. Minister's Order Under Section 154 of Maharashtra Cooperative Societies Act, 1960 Upheld as Valid and Election Process Not Vitiated by Irregularities.

The case involves a batch of Letters Patent Appeals filed by individuals challenging the election of directors to the Yavatmal District Central Cooper...

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Bombay High Court Grants Anticipatory Bail to Accused in Cheating and Forgery Case — Investigation Complete and Offences Triable by Magistrate. Custodial Interrogation Not Required Under Section 438 CrPC for Offences Under Sections 420, 467, 468, 471 IPC.

The judgment concerns three criminal applications for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by applicants...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 IPC read with Section 149 IPC set aside as prosecution failed to establish unlawful assembly and overt acts beyond reasonable doubt.

The case involves two criminal appeals arising from a judgment of the Sessions Court convicting multiple accused for offences including murder under S...