Search Results for "notice under section 138"

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC After Judgment of Conviction. Trial Court Cannot Summon Additional Accused After Pronouncing Judgment as It Becomes Functus Officio.

The Supreme Court considered the appeal against the summoning of Sukhpal Singh Khaira as an additional accused under Section 319 CrPC after the trial ...

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Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

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High Court of Bombay Considers Challenge to Section 36(4) of Industrial Disputes Act, 1947 Restricting Legal Representation Without Consent. Employer Seeks to Quash Labour Court Order Barring Engagement of Advocate in Industrial Dispute Reference.

The petitioner, a company engaged in manufacturing, dismissed the respondent workman for misconduct after due process in August 2015. The workman rais...

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Bombay High Court Dismisses Petition Challenging Condonation of 1259 Days Delay in Filing Complaint Under Section 138 of Negotiable Instruments Act, 1881. Repeated Assurances by Accused Constitute Sufficient Cause for Delay.

The petitioner, Hiren Ashwin Shah, challenged the order dated 20 December 2022 passed by the Additional Sessions Judge, Borivali, Mumbai, which affirm...

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Bombay High Court Quashes Demolition Notice and Order by MCGM in Alleged Unauthorized Construction Case Finding Malafide Action. The Court held that the works were not in progress and the action under Section 354A of the Mumbai Municipal Corporation Act, 1888 constituted legal malice.

The petitioner, a film actor, purchased a bungalow in Bandra, Mumbai in 2017. In 2018, she carried out a structural audit and sought permission from t...