Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Accused Failed to Prove Defence That Cheque Was Issued for Different Transaction and Cash Paid.

17 Aug 2006

The complainant, Stanley Barros Pereira, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the accused, Julieta Cot...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

High Court of Bombay considered defendant's leave to defend in a summary suit under Order XXXVII CPC for recovery based on dishonoured cheques. Preliminary objection that suit was barred under Section 13(1) of Maharashtra Money Lending (Regulation) Act, 2014 rejected because Section 2(13)(j) excludes advances above Rs 3 lakhs made on negotiable instrument other than promissory note; extract ended before final disposition.

16 Feb 2021

The judgment under consideration is a summons for judgment in a commercial summary suit before the High Court of Bombay. The plaintiff, a lender, soug...

High Court

High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

15 Oct 2019

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

High Court

High Court of Karnataka at Dharwad Bench considers writ petition seeking mandamus for constitution of a Commission of Inquiry under the Commission of Inquiry Act, 1952 regarding alleged unprovoked police lathi charge on peaceful protestors. The petition arose from protests by members of the Panchamasali community demanding reservation implementation, alleging police excesses without proper legal authorization under the Code of Criminal Procedure or police manual, while the State contended that the protest turned violent, necessitating action to maintain law and order.

4 Apr 2025

The petitioners, members of the Panchamasali community, approached the High Court of Karnataka under Articles 226 and 227 of the Constitution, seeking...

High Court

Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

4 Mar 2014

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

High Court

Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

14 Mar 2019

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

High Court

Bombay High Court Delivers Judgment on Validity of Reopening of Assessment for Charitable Trust Under Section 148 of Income Tax Act. The court examined whether the notice under Section 148A(b) and order under Section 148A(d) based on audit objection regarding specification of purpose for accumulation under Section 11(2) was sustainable when the issue had been earlier examined in scrutiny.

7 Nov 2025

The petitioner, Sir Jamsetjee Jejeebhoy Charity Fund, a charitable trust registered under Section 12A of the Income Tax Act, 1961, filed a writ petiti...

High Court

Bombay High Court Allows Writ Petition Challenging Eligibility Condition for Settlement Commission Applications Under Income Tax Act, 1961. The court held that a press release and notification imposing a cut-off date for eligibility to file settlement applications were ultra vires the Act.

2 Apr 2024

The petitioner, a company engaged in sugar and ethanol business, was subjected to a search under Section 132 of the Income Tax Act, 1961 on 25.07.2019...

High Court

High Court of Bombay Considers Service Tax Demand on Repair and Maintenance of Roads and Runways. The petition challenged the order-in-original classifying road repair under taxable service and imposing tax, interest, and penalties under the Finance Act, 1994, with the court examining the impact of retrospective exemption under the Finance Act, 2012.

18 Jul 2016

The petitioner, a company incorporated under the Companies Act, 1956, engaged in construction, repair, and maintenance of roads and runways, held serv...

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