Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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High Court

Bombay High Court Quashes Closure Orders Against Stone Crushing Plants Under Section 133 CrPC for Lack of Preliminary Order and Imminent Danger Finding. The court held that the Sub-Divisional Magistrate must first pass a conditional order and record a finding of present injury before directing closure under Section 133 of the Code of Criminal Procedure, 1973.

12 Aug 2024

The petitioners operated stone crushing plants in Uran, Raigad, with valid consents from MPCB and mining licenses. The Sub-Divisional Magistrate, Panv...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Jurisdiction Lies Where Cheque Is Presented for Collection. The court held that under Section 138 of the Negotiable Instruments Act, 1881, the place where the cheque is presented for collection is a relevant factor for territorial jurisdiction, and the Magistrate at Mumbai had jurisdiction as the cheques were deposited there.

14 Jun 2013

The petitioners, Sharda Polycolours Private Limited and its directors, were accused in a complaint under Section 138 of the Negotiable Instruments Act...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

16 Apr 2026

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

Supreme Court

Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

1 Jan 1970

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...

High Court

High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

5 May 2017

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

High Court

High Court of Karnataka Dismisses Appeal by Complainant Against Acquittal of Directors in Section 138 NI Act Case—Accused Not Liable as Cheque Was Not Issued for Any Debt Owed by Their Company. Directors of Organic Gold Pvt. Ltd. Acquitted Because Cheque Was Allegedly Issued to Discharge Debt of M/s Indo Global Spices Ltd., Not a Legally Enforceable Liability of the Accused Company.

19 Nov 2020

This criminal revision appeal was filed before the High Court of Karnataka challenging the judgment of acquittal passed by the appellate court in a ca...

High Court

High Court of Karnataka Allows Revision Petitions in Cheque Dishonour Cases — Conviction Set Aside Due to Non-Prosecution of Complainant and Lack of Evidence. The court held that the dismissal of complaint for default was proper and restoration without notice to accused was illegal, and the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881.

12 Apr 2016

The case involves three criminal revision petitions filed by the accused (M/s Ideb Buildcon Private Limited, H S Bedi, Avneet Bedi, and Oan Ali Zahid)...

High Court

Bombay High Court Dismisses Revision Application Against Conviction Under Section 138 of Negotiable Instruments Act for Dishonour of Cheque Due to Account Closure and Stop Payment. Account Closure or Stop Payment After Issuance of Cheque Does Not Absolve Drawer from Penal Liability Under Section 138; Statutory Presumption Not Rebutted.

9 Dec 2011

The case arose from a criminal prosecution under Section 138 of the Negotiable Instruments Act, 1881. The applicant had taken a loan of Rs.20,000 from...

High Court

Karnataka High Court Dharwad Bench Hears Writ Petition by Concessionaire Challenging NOC for Access to Retail Outlet on BOT Highway. Key Legal Question is Whether Concessionaire’s Statutory and Contractual Rights to Control Access Override Highway Administration’s Power to Grant Access Permissions Under Section 8A of National Highways Act, 1956.

24 Oct 2017

The dispute arose from a writ petition filed by Nandi Highway Developers Ltd (the concessionaire) challenging a no-objection certificate (NOC) dated 2...

High Court

High Court of Karnataka Hears Revenue's Appeals Against ITAT Decision Favoring Assessee on Deduction of Distributable Surplus Payment to Brand Owner. Court Examines Whether Payment is Allowable Under Section 37 of Income Tax Act, 1961 or Constitutes Application of Income or Diversion by Overriding Title.

25 Sep 2018

The present set of five tax appeals arises under Section 260-A of the Income Tax Act, 1961, filed by the Revenue against the common order of the Incom...

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