Search Results for "notice under section 138"

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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

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Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

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Bombay High Court Quashes Process in NI Act Complaint Due to Bar Under SICA Section 22A. Proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot continue against a sick company without BIFR consent.

The petitioners, a company and its directors, challenged the order dated 20.04.2018 passed by the 25th Joint Civil Judge (Junior Division) and Judicia...

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Supreme Court Orders Central Empowered Committee to Identify Mining Leases Operating in Violation of Environmental and Forest Laws in Odisha. Court Finds Prima Facie Case of Illegal Mining and Directs Preparation of List of Defaulting Lessees for Interim Relief Under Article 32.

The writ petitions under Article 32 of the Constitution were filed by Common Cause and Prafulla Samantra, alleging rampant illegal mining in the Keonj...

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Supreme Court Directs Suspension of Mining Operations and Investigation into Illegal Mining in Odisha. Lessees Operating Without Statutory Clearances Under Environment and Forest Laws Ordered to Stop Mining, and CEC to List Violators.

These writ petitions under Article 32 of the Constitution brought to light a massive mining scandal in the Keonjhar, Sundergarh, and Mayurbhanj distri...

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High Court of Karnataka Quashes Complaint in Cheque Bounce Case Due to Lack of Proper Service of Demand Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complaint Not Maintainable as Notice Was Not Sent to Correct Address.

The petitioner, P. Surendra Kumar, was shown as an accused in a private complaint filed by the respondent, M/s. Varkeys Retail Ventures Pvt. Ltd., all...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...