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Bombay High Court Upholds Acquittal in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Repay Loan Does Not Constitute Cheating Under Section 420 IPC When Transaction is Essentially a Civil Debt.

The State of Maharashtra appealed against the acquittal of Radheshyam Motilal Rungta (respondent/accused) by the Sessions Court, which had reversed hi...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, ...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Loan and Signature. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused's Defence.

The appellant, Vishwanath s/o Kondaji Pote, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He alleg...

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High Court of Bombay Partly Allows Appeals in Land Acquisition Case — Enhances Compensation for Fruit Trees and Well. Market Value of Land Upheld at Rs. 12,000 Per Acre Under Section 23 of Land Acquisition Act, 1894.

The judgment pertains to five connected first appeals filed by landowners whose agricultural lands were acquired by the State of Maharashtra for a med...

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Bombay High Court Quashes MPDA Detention Order for Non-Application of Mind and Mechanical Confirmation by Advisory Board. Detenu's Right to Make Effective Representation Violated as Grounds of Detention Were Not Properly Considered.

The petitioner, Shrinivas Kishor Sanga, challenged his detention order dated 30/10/2018 passed by the Commissioner of Police, Solapur, under Section 3...