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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Supreme Court Dismisses Appeal by Seed Company, Upholds Consumer Status of Small Agriculturist in Buyback Dispute. Cultivation of Safed Musli for Livelihood Held Not Commercial Purpose Under Section 2(d) of Consumer Protection Act, 1986.

The case involves a dispute between M/s Nandan Biomatrix Ltd., a seed company, and S. Ambika Devi, a small landholder. In 2003, the appellant advertis...

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Supreme Court Upholds Conviction in Murder and Robbery Case Based on Circumstantial Evidence. Identification by Witness and Recovery of Stolen Items Sufficient to Establish Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of the Indian Penal Code, 1860.

The case pertains to the murder of Kamlesh Kumari Trivedi, a 79-year-old woman, who was found strangled in her apartment in Nagpur on 28 August 2001. ...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute with BBMP — No Substantial Question of Law Arises. Section 194C of Income Tax Act, 1961 does not apply to compulsory acquisition of land by municipal authority as it is not a 'work contract'.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Income Tax Officer) under Section 260-A of the Income Tax Act, 1961...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Dismisses Management's Writ Petitions in Industrial Dispute — Upholds Tribunal's Refusal to Grant Approval for Dismissal Under Section 33(2)(b) of Industrial Disputes Act, 1947. Employer Failed to Establish Prima Facie Case of Misconduct and Fair Domestic Inquiry.

The case involves two writ petitions filed by M/s BEML Limited, the management, challenging orders of the Industrial Tribunal, Bangalore, dated 29.09....