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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Dismisses Petition Under Section 34 of Arbitration Act Seeking Modification of Interest Award — Arbitral Tribunal's Discretion on Interest Rate and Period Not Interfered With

The Petitioner, IMC Limited (formerly United Storage & Tank Terminals Ltd.), filed a petition under Section 34 of the Arbitration and Conciliation Act...

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Madras High Court Allows Appeal in Specific Performance Suit — Time Not Essence of Contract but Plaintiff Must Prove Readiness and Willingness. Failure to Deposit Balance Amount and File Suit Within Limitation Period Bars Relief Under Section 16(c) of Specific Relief Act, 1963.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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Madras High Court Allows Appeal in Tractor Accident Case — Negligence of Driver Established, Compensation Enhanced. Deceased was unauthorized passenger in goods vehicle; insurer not liable but owner liable to pay enhanced compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased Sarasu died after being hit by a tractor while alighting. The claimants, her husband, m...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to lead evidence or cross-examine complainant results in conviction.

The appellant, Sathisha B.A., filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and order...

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Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

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Bombay High Court Delivers Common Judgment in Letters Patent Appeals Against Dismissal of Writ Petitions in Land Lease Resumption Case — Outcome Not Stated in Provided Excerpt

The dispute pertained to a plot of land in Bandra, Mumbai, originally leased by the Secretary of State for India in 1906 to Mrs. E.J. Menesse and othe...

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Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...