Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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Tribunals

NCLAT Dismisses Appeal of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

High Court

Karnataka High Court Examines Constitutional Validity of Amendment to CPC Fixing 120-Day Limit for Written Statement; Challenge to Provisions Curtailing Judicial Discretion and Inherent Powers. The Amendment, Introduced by State Legislature, Allegedly Overrides Supreme Court Ruling and Violates Articles 14 and 141 of the Constitution.

28 Jul 2026

The High Court of Karnataka entertained two writ petitions filed under Article 226 of the Constitution of India, challenging the constitutional validi...

Supreme Court

Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

1 Aug 2026

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 NI Act Based on Composition of Dispute Through Memorandum of Understanding. The Court held that the composition of the dispute between the parties is a valid ground for quashing criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

8 Sep 2005

The petitioner, Mrs. Usha Badri Poonawalla, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code ...

High Court

High Court of Karnataka Quashes Magistrate's Order Permitting ED to Record Statements of Accused in PMLA Case — Holding Magistrate Lacks Jurisdiction Once ECIR is Registered. Special Court (Sessions Court) Alone Can Grant Permission for Recording Statements Under PMLA Proceedings, Not the Magistrate Having Custody of the Accused.

17 Oct 2022

The petitioner, an accused in multiple criminal cases and presently in judicial custody, challenged an order passed by the I Additional Chief Metropol...

High Court

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Applicant Director Not Involved in Day-to-Day Affairs of Company, No Vicarious Liability Under Section 141 NI Act.

14 Aug 2015

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by respondent No. 1, Ashwin Ramesh Mittal, under Section 138 ...

High Court

High Court of Judicature at Bombay Decides Challenge to Arbitral Award in Reclamation Work Contract Dispute. Petition Filed Under Section 34 of the Arbitration and Conciliation Act, 1996 Seeking to Set Aside Award for Alleged Procedural Irregularities.

1 Apr 2015

The petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Board of Trustees of Jawaharlal Nehru Port Trust challeng...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that once the cheque and signature are admitted, the presumption of a legally enforceable debt arises, and the accused must rebut it with evidence.

8 Aug 2018

The appellant, Vandana Pandey, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abhilasha Pande, al...

High Court

Bombay High Court Upholds Acquittal in Section 138 NI Act Case Due to Non-Prosecution by Complainant's Partner. Complaint Filed by Partner Without Proper Authorization Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

2 Dec 2022

The case involves two criminal appeals arising from a judgment of acquittal passed by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai on 30/08/...

High Court

Bombay High Court Considers Interim Relief in Suit Challenging Show Cause Notices Issued Under 2024 RBI Master Directions Based on Forensic Audit by Allegedly Unqualified Auditor. Petitioner Contends that Audit Firm Not Chartered Accountant and Report Invalid Under Chartered Accountants Act, 1949 and RBI Directions.

24 Dec 2025

This matter concerned three suits filed by the plaintiff, Anil D. Ambani, against Indian Overseas Bank, IDBI Bank, Bank of Baroda, and others, along w...

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