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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Main Offence Not Considered, Rendering Subjective Satisfaction Invalid.

The petitioner, father of the detenu, challenged the preventive detention order dated 13th November 2019 passed by the Commissioner of Police, Railway...

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High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents.

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with...

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Bombay High Court Dismisses Petition Challenging Rejection of Condonation of Delay in Criminal Revision Application. Petitioner Failed to Show Sufficient Cause for 18-Month Delay in Filing Revision Against Issuance of Process Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Sunil Bhai Sheth, was the original accused No. 2 in a criminal complaint filed by M/s. Agricore Commodities Pvt. Ltd. under Section 13...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Negligence of Truck Driver Established, Tribunal Erred in Holding Deceased Negligent. Claimants entitled to compensation under Motor Vehicles Act, 1988 as the accident was caused solely by the rash and negligent driving of the truck driver.

The case arises from a motor accident that occurred on 27.09.1994, when the deceased, Arvindbhai Shankarlal Patel, was driving his jeep to Chanasma. A...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

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Bombay High Court Upholds Arbitral Award in Derivative Transaction Dispute Based on Signed ISDA Agreement. Court Finds No Ground to Interfere Under Section 34 of Arbitration Act as Arbitrator's Findings on Enforceability Are Reasonable.

The dispute arose from two foreign exchange derivative transactions entered into between Sporting India Limited (the Petitioner) and HDFC Bank Limited...