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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish existence of debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Smt. Tasneem Murshedkar Mazhar, was the original complainant in a summary criminal case under Section 138 of the Negotiable Instruments...

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Bombay High Court Dismisses State Appeal Against Acquittal of Police Officials in Custodial Death Case. Court finds no evidence of torture or extortion under Section 330 IPC as deceased was taken to hospital and no injuries proved.

The State of Maharashtra filed an appeal against the judgment of the Judicial Magistrate First Class, Pimpri, dated 27 May 2003, acquitting two police...

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Bombay High Court Dismisses CBI Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988.

The Central Bureau of Investigation (CBI) appealed against the judgment of the Special Judge, Solapur, dated 5th September 2000, acquitting the respon...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

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Bombay High Court Dismisses Appeal in Contract Dispute Between Partnership Firm and Municipal Council — Interest Rate of 9% Upheld. Claim for 18% Interest Not Supported by Contract or Evidence Under Section 34 CPC.

The appellant, a partnership firm, filed a suit against the Faizpur Municipal Council for recovery of amounts due under a construction contract. The t...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...