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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 Considers Confirmation of Death Sentence in POCSO and Murder Case. The Trial Court Convicted the Accused for Rape and Murder of his Minor Daughter, Imposing Death Sentence Requiring High Court Confirmation under Section 366(1) of the Code of Criminal Procedure, 1973.

The case arose from Crime No. 634 of 2022 registered at Police Station Kalamna, Nagpur, initially for offences under Sections 305, 306, 376 of the Ind...

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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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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of Company Not Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations of Role in Day-to-Day Affairs.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by Mr. H.S. Bedi and Mrs. Av...

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Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

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Supreme Court Hears Public Interest Litigation on Unregulated Stem Cell Therapies for Autism Spectrum Disorder. Court Examines Legality Under Drugs Act and Lays Down Permissibility of Such Therapies in Clinical Trial Settings Only.

This Public Interest Litigation was filed by Yash Charitable Trust and others before the Supreme Court, raising concerns about the rampant promotion a...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Results in Quashing of Complaints.

The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints u...

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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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CRIMINAL CONFIRMATION CASE NO. 02 OF 2024

The case stems from Crime No. 634 of 2022 registered at Kalamna Police Station for multiple offences including murder (Section 302 IPC), attempted mur...