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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 Challenging Arbitral Award Based on Unilateral Appointment of Arbitrator. Unilateral Appointment Does Not Violate Section 12(5) Read with Seventh Schedule When Arbitrator Not Disqualified and Objection Waived by Participation.

The petitioners, Hanuman Motors Pvt. Ltd. and another, challenged an arbitral award passed by a sole arbitrator appointed by the respondent, M/s. Tata...

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High Court of Karnataka Dismisses Appeal Under Section 21 of NIA Act as Not Maintainable Against Interlocutory Order. The court held that an order on an interlocutory application under Section 20 of the NIA Act is not a final judgment and thus not appealable under Section 21 of the Act.

The case involves a criminal appeal filed under Section 21 of the National Investigation Agency Act, 2008 (NIA Act) by four appellants, Irfan Pasha, W...

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Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award in Date of Birth Fraud Case. Forfeiture of Gratuity Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 Not Applicable as Misconduct Did Not Involve Moral Turpitude or Loss to Employer.

The petitioner, Western Coal Fields Limited, a government company, challenged the concurrent orders of the Controlling Authority and Appellate Authori...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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High Court of Karnataka Considers Challenge to Penalty Under Excise Rules for Short-Lifting of Liquor. The court heard arguments on additional grounds after noting that the issue was covered by a previous order in Lakshmi Bar and Restaurant Case.

The High Court of Karnataka heard a batch of connected writ petitions filed by several CL-9 licence holders, including M/s. High Point Hotels Pvt. Ltd...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Remands for Fresh Assessment of Compensation for Injuries. Legal Representatives Entitled to Compensation for Injuries Suffered by Deceased Claimant Even If Death Not Caused by Accident.

The appeal arises from an award of the Motor Accident Claims Tribunal, North Goa, in Claim Petition No. 120/1998. The original claimant, Smt. Praveena...