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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 NI Act. Settlement Agreement Creates Fresh Liability, Presumption of Legally Enforceable Debt Not Rebutted.

The case involves a criminal revision application filed by the accused, M/s. Cabral & Co. and its proprietor Francis Simon Cabral, against their convi...

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Bombay High Court Allows Revision and Discharges Accused in Murder and Robbery Case Due to Lack of Prima Facie Evidence. Mere presence at scene and recovery of mobile phone insufficient to frame charges under Sections 302 and 392 IPC read with Section 34 IPC.

The revision applicant, Tika Bahadur Bhandari, was an accused in Sessions Case No.19/2012 before the Sessions Judge, Panaji, for offences punishable u...

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Bombay High Court Quashes FIR and Chargesheet in Environment Protection Act Case Due to Lack of Sanction and Cognizance Error. The court held that the Magistrate failed to apply mind and sanction was not validly obtained, rendering the proceedings an abuse of process.

The applicants filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3 of 2012 registered ...

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Bombay High Court Quashes Charges Against Petitioner in Assault and Mischief Case — Lack of Prima Facie Evidence. Court holds that mere suspicion is insufficient to frame charges under Sections 324 and 427 IPC without strong material evidence.

The petitioner, Ruben Franco, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Criminal Procedure ...

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High Court of Bombay Dismisses Criminal Appeal Challenging Conviction Under NDPS Act for Possession of Mandrax Tablets Upholding Admissibility of Chemical Analyser's Report Under S.293 CrPC. Non-examination of Chemical Analyst Not Fatal Owing to S.36-C NDPS Act Incorporating CrPC Provisions.

The appellant was convicted by the Special Court under NDPS Act for possession of mandrax tablets (methaqualone), totaling 103 kg, found on two occasi...

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Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Legal Metrology Case Due to Non-Compliance with Section 378(4) Cr.P.C. — Leave to Appeal Not Sought from Trial Court.

The State of Goa, through the Inspector of Legal Metrology, filed a criminal complaint against M/s Bata India Ltd. and its managers under Section 39 o...

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High Court of Bombay at Goa Upholds Conviction of Godfather for Rape of Mentally Retarded Woman Under Section 376(2)(l) IPC — Evidence of Mental Disability and Eyewitness Testimony Sufficient to Sustain Conviction

The appellant, Tiofilo Evangelio Moraes @ Mories, was convicted by the Additional Sessions Judge, Margao in Sessions Case No.20/2013 for an offence pu...