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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...

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WRIT PETITION NO. 7034 OF 2024

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High Court of Karnataka Allows Appeal in NI Act Case — Restores Conviction for Cheque Dishonour. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appeal was filed by the complainant, Smt. G. Suma, challenging the judgment of acquittal dated 29.01.2011 passed by the Presiding Officer, Fast Tr...

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Bombay High Court Dismisses Revenue's Writ Petition Challenging Settlement Commission's Order Allowing Settlement Application. Settlement Commission's Finding of Full and True Disclosure of Income by Assessee in Case of Alleged Bogus Purchases Upheld Under Section 245D of Income Tax Act, 1961.

The Commissioner of Income Tax, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging two orders passed by the Inco...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Guarantee Enforcement Case. Personal Guarantors Held Liable Despite Principal Borrower's Corporate Insolvency Resolution Process Under Section 14 of IBC.

The petitioners, Jamboo Kumar Jain and Praful Kumar Jain, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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Bombay High Court Upholds Disqualification of Councillors for Defection Under Maharashtra Local Authorities Members' Disqualification Act, 1986. Petitioners disqualified for remainder of term for voluntarily giving up membership of political party by joining rival party after election.

The judgment concerns two writ petitions filed by elected councillors of the Municipal Council, Loha, District Nanded, challenging their disqualificat...

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Bombay High Court Allows Tenant's Revision Against Eviction Decree for Lack of Valid Service of Notice Under Section 15 of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove valid service of statutory notice, and the appellate court's finding was perverse.

The case involves a civil revision application filed by the tenant, Mohanlal Soni, challenging the decree of eviction passed by the learned District J...

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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...