Search Results for "notice under section 138"

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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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 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

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Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...

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Bombay High Court Decides Reference on Difference of Opinion in Municipal Tax Assessment Case. Question of law regarding determination of annual letting value under Section 154 of Mumbai Municipal Corporation Act, 1888 for premises exempt under Maharashtra Rent Control Act, 1999.

This judgment is a reference to a third judge following a difference of opinion in an appeal against a Single Judge's decision in a writ petition conc...

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KAHC010005522012_1

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Karnataka High Court Quashes POCSO Proceedings Against Stepfather, Citing Matrimonial Dispute Between Parents. Allegations of Sexual Offences Deemed Maliciously Filed Amidst Custody Battle, Court Holds No Prima Facie Case Under Sections 11, 12 of POCSO Act and Section 509 IPC.

The dispute involved a child born in 2008 to the second respondent and his former wife. Following the parents' divorce, a settlement agreement granted...

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Karnataka High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case as Complaint Was Time-Barred Under Section 142(b) of NI Act. Failure to File Condonation Application for Limitation Despite Objection at Trial Renders Acquittal Proper.

The appeal before the Karnataka High Court arose out of a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging dishonour of t...

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Bombay High Court Allows Writ Petition Quashing Process Against Accused in Section 138 NI Act Case. Cheque Drawer Alone Liable Under Section 138 of Negotiable Instruments Act, 1881; Admission of Liability in Settlement Does Not Create Vicarious Liability.

The petitioners, Banwarilal L. Saini and another, were accused nos.1 and 3 in a criminal case under Section 138 of the Negotiable Instruments Act, 188...