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Bombay High Court Examines Insurer's Defense in Motor Accident Compensation Case Based on Incompatible Driving License. Insurer Relies on Section 149(2)(a)(ii) of Motor Vehicles Act, 1988, Arguing Driver's Light Motor Vehicle License Was Invalid for Heavy Goods Vehicle Involved.

The appeal arose from a motor accident claim in which the parents of a seven-year-old girl, who died after being hit by a truck while returning from s...

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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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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in Jharkhand Police Case. Division Bench Erred in Reappreciating Evidence in Departmental Enquiry Where Charges of Fraud and Unauthorised Absence Were Proved on Preponderance of Probabilities.

The present appeal arises from a judgment of the Division Bench of the High Court of Jharkhand at Ranchi, which allowed the Letters Patent Appeal file...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Lack of Proof of Debt and Probable Defence. Complainant Failed to Establish Legally Enforceable Debt as Cash Loan Exceeded Income Tax Limit and No Documentary Evidence of Transaction.

The appeal was filed by the complainant (Smt. Shobha and others) against the acquittal of the respondent/accused (Gajanan Joshi) under Section 138 of ...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...