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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to lead evidence or cross-examine complainant results in conviction.

The appellant, Sathisha B.A., filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and order...

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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

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...

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Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...

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Karnataka High Court Pronounces Final Order in Writ Petition Challenging Minutes of Committee of Creditors Meeting under IBC, 2016. Key Issue Involved Adequacy of Notice under Section 24 and Natural Justice in Approval of Resolution Plan.

The writ petitioner, a suspended director of Associate Decor Limited (a company under corporate insolvency resolution process), challenged the minutes...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...