Search Results for "notice under section 138"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "notice under section 138"

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High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

12 Jan 2010

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

Supreme Court

Supreme Court Dismisses Employer in Industrial Disputes Act Case — Labour Court's Jurisdiction Under Section 33C(2) Not Ousted by Minimum Wages Act, and Article 137 of Limitation Act Does Not Apply to Quasi-Judicial Tribunals. The Court Held That No Dispute Existed on Wage Rates, Rendering Section 20(1) of Minimum Wages Act Inapplicable, and Article 137 Governs Only Applications to Courts, Not Labour Courts.

20 Mar 1969

The appeals arose from four writ petitions filed by the Town Municipal Council, Athani, before the High Court of Mysore, challenging orders of the Lab...

Supreme Court

Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

19 Mar 2020

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

High Court

Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Railway Project. Publication in Official Gazette and Local Newspapers Held Sufficient Compliance Under Section 4(1) of Land Acquisition Act, 1894.

30 Nov -0001

The petitioners, 70 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of their lands for t...

Supreme Court

Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.

27 Mar 2023

The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...

High Court

High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

30 Nov -0001

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...

High Court

High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

21 Mar 2013

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

High Court

Bombay High Court Upholds Summary Nature of Disqualification Enquiry Under Section 16 of Maharashtra Village Panchayats Act; Rejects Member's Claim for Cross-Examination of Talathi. The Court held that a member facing disqualification for encroachment is only entitled to a reasonable opportunity of hearing and cannot convert the summary enquiry into an adversarial one by seeking oral evidence and cross-examination.

14 Oct 2021

The present writ petition arose from a disqualification proceeding initiated before the Additional Collector, Nagpur, under Section 16 of the Maharash...

High Court

High Court Quashes Complaint in Cheque Dishonour Case Due to Non-Existent Debt — Loan Allegedly Advanced in 1996 Not Legally Recoverable as Time-Barred Debt Under Section 138 of Negotiable Instruments Act, 1881

13 Apr 2015

The petitioner, accused in C.C. No.35622/2010 for an offence under Section 138 of the Negotiable Instruments Act, 1881, filed a petition under Section...

High Court

Bombay High Court Dismisses Petitions Challenging Process in Dishonour of Cheque Cases Against Directors of Co-operative Society. Vicarious Liability Under Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Day-to-Day Affairs.

3 Aug 2022

The judgment arises from two criminal writ petitions filed by the petitioners, who are directors of a co-operative society, challenging the orders pas...

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