Search Results for "notice under section 138"

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High Court of Bombay Considers Enforcement of Foreign Arbitral Award Under Sections 46 and 47 of Arbitration and Conciliation Act, 1996 — Dispute Arises from International Sale of Steel Coils Where Italian Company Sought to Enforce Award Against Indian Steel Manufacturer.

The case concerns a petition filed under Sections 46 and 47 of the Arbitration and Conciliation Act, 1996, seeking enforcement of a foreign arbitral a...

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Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

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Karnataka High Court Quashes Detention Order Under Goonda Act in Favor of Detenue's Wife Due to Procedural Violations. Preventive Detention Invalid for Failure to Follow Section 8 Safeguards and Provide Effective Representation Under Article 22(5).

The writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, was filed by Smt. B...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Complainant's Evidence Sufficient to Prove Debt and Liability Despite Accused's Defence of Property Dispute.

The appellant, Smt. F. Chandra, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 0...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Compromise Cheque Dishonour Constitutes Separate Offence. Settlement of earlier cheques does not discharge liability under a fresh cheque issued as part of the compromise.

The appellant, Prabhakar Gaidhane, filed a criminal appeal against the acquittal of the respondent, Nivruti Kamdi, by the Judicial Magistrate, First C...

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Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

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Bombay High Court Allows Petitions Challenging Condition of Compensation for Suspension of Sentence in NI Act Cases. Appellate Court Cannot Impose Payment of Compensation Under Section 357(3) CrPC as Condition for Suspending Sentence Under Section 389 CrPC.

The Bombay High Court addressed three petitions raising a common legal question: whether an appellate court hearing an appeal against conviction under...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Supreme Court Allows Appeal Against Interim Compensation Order Under Section 143A NI Act for Pre-Amendment Offences. Section 143A of the Negotiable Instruments Act, 1881, is Prospective and Cannot Apply to Complaints Filed Before Its Insertion on 1 September 2018.

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed in 2016 against the appellant G.J. Raja by the respon...