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Bombay High Court Quashes FIR and Charge Sheet in Cheque Dishonour Case Due to Lack of Criminal Intent. Allegation of Cheating and Dishonour of Cheque Under Sections 138, 141 of Negotiable Instruments Act, 1881 and Sections 406, 420 IPC Fails as Dispute is Purely Civil in Nature.

The petitioners, original accused nos. 1 to 3, filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR and charg...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Karnataka High Court Hears Quashing Petition in SC/ST and POCSO Case. Accused Seek to Quash Charge Sheet and Cognizance Order in Offences Including Rape and Caste-Based Atrocities Under Multiple Acts.

The criminal petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the charge sheet and cognizance ord...

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COMMERCIAL ARBITRATION PETITION(L) NO. 6451 OF 2020

The High Court of Judicature at Bombay, Commercial Division, pronounced judgment on 16 March 2022 in a petition filed under Section 34 of the Arbitrat...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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High Court of Karnataka Dismisses Petition to Cancel Bail in Cheating Case — No Misuse of Bail or Violation of Conditions Established. Section 439(2) Cr.P.C. requires strong grounds for cancellation; mere disagreement with trial court's reasoning insufficient.

The petitioner, Smt. Lalitha, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court o...

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Madras High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand of Dowry Soon Before Death. Conviction under Section 304B IPC and Section 4 of Dowry Prohibition Act, 1961 set aside as prosecution failed to establish dowry demand proximate to death.

The appellant, Das @ Pragalathan, was convicted by the trial court for offences under Sections 498A and 304B of the Indian Penal Code (IPC) and Sectio...

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High Court of Karnataka Dismisses State's Petition to Cancel Bail in Rape Case — No Supervening Circumstances or Misuse of Bail Found. The court held that cancellation of bail under Section 439(2) CrPC requires supervening circumstances or misuse of liberty, not mere disagreement with the bail order.

The State of Karnataka, through Alur Police, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seeking cancellation...