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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Appellant Failed to Prove Legally Enforceable Debt. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 was rebutted by the accused, and the acquittal was proper.

The appellant, M/s. IVY Jewellery Pvt Ltd, a company dealing in diamond jewellery, filed a complaint under Section 138 of the Negotiable Instruments A...

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Bombay High Court Dismisses Discharge Application in Attempt to Murder Case — Prima Facie Case Made Out Under Section 307 IPC. The court held that at the stage of framing of charges, the court must only examine whether a prima facie case exists, and cannot consider mala fides or conduct a mini-trial.

The applicants, Keshav, Shriram, and Varsha Padeer, filed a criminal application under Section 482 CrPC challenging the order dated 14.8.2009 passed b...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Demurrage Dispute — Engine Trouble Does Not Suspend Laytime Under Charterparty. Charterer's claim for exclusion of time due to vessel's engine problem rejected as laytime had already commenced and no exception clause applied.

The dispute arose from a Charterparty dated 15 November 2010 between Steel Authority of India Ltd. (charterer/appellant) and Pacific Gulf Shipping Co....

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...

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High Court Discharges Public Servant in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act. Sanction for prosecution is mandatory and absence of valid sanction vitiates proceedings.

The applicant, Bibhas Chandra Singh, a public servant employed as General Manager (Mines) in Western Coalfields Ltd., filed a criminal revision applic...

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High Court of Karnataka Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appeal was filed by Gangamma, a Supervisor in the Women and Child Welfare Department, challenging her conviction under Sections 7, 13(1)(d) r/w 13...

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High Court of Karnataka Dismisses Revision Petition Against Rejection of Discharge in Disproportionate Assets Case. Petitioner, a BESCOM employee, failed to show that trial court's order rejecting discharge under Sections 227 and 239 CrPC was erroneous.

The petitioner, K.P. Champakadhamaswamy, a former employee of BESCOM who joined service as a Meter Reader in 1976, was accused of amassing assets disp...