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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

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Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Evidence and Absence of Public Witness. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Anil Sitaram Gosavi, was convicted by the Additional Sessions Judge, Khed-Rajgurunagar, Pune, in Sessions Case No. 256 of 2014 for the ...

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Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Dowry Demand and Unreliable Dying Declaration. Conviction under Sections 302, 498-A read with Section 34 IPC set aside as prosecution failed to prove cruelty or dowry demand beyond reasonable doubt.

The case pertains to the death of Pallavi, who was married to appellant No. 3 Vijay about one year prior to the incident. The appellants are Vijay, hi...

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Bombay High Court Dismisses State's Appeals Against Acquittal for Murder and Enhancement of Sentence in Dowry Death Case. Conviction for Cruelty Under Section 498-A IPC Upheld as Prosecution Failed to Prove Abetment of Suicide Beyond Reasonable Doubt.

The case involves two appeals by the State of Maharashtra against a judgment of the 6th Additional Sessions Judge, Thane in Sessions Case No. 483 of 1...

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Bombay High Court Dismisses Petition Challenging Excise Duty Rate on Cranes — Enacted Statute Prevails Over Discrepancy in Bill Versions. Rate of Duty Under Heading 84.26 of Central Excise Tariff Act, 1985 is 15% Ad Valorem, Not 12% as Claimed by Manufacturer.

The petitioner, M/s. Garlick Engineering, a manufacturer of cranes, filed a writ petition challenging the rate of central excise duty applicable to cr...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...