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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by cogent evidence; mere endorsement of 'refused' on returned envelope is insufficient.

The applicants, Madan Shankar Bhivsane and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by speed post but not delivered to the accused's correct address, failing to meet the requirements of Section 138 of the Negotiable Instruments Act, 1881.

The applicants, who are the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application before the ...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice Sent to Wrong Address Invalidates Presumption Under Section 138 of Negotiable Instruments Act, 1881.

The petitioners, who are family members, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 54...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as the cheques were not issued for discharge of any legally enforceable debt.

The applicants, eleven individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No....