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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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Bombay High Court Dismisses Petition Challenging Re-examination of Complainant in NI Act Case Under Section 311 CrPC. The court held that re-examination to prove a document is permissible for just decision and does not prejudice the accused.

The petitioner, Balu Bajirao Shinde, challenged an order passed by the Judicial Magistrate, First Class, Patoda, in Summary Criminal Case No. 477 of 2...

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High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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Bombay High Court Dismisses Insurance Company Appeal in Motor Accident Claim Due to Dishonoured Cheque. Insurer Liable to Third-Party Claimants Despite Non-Payment of Premium, with Right to Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by respondent Nos.1 to 5 (claimants) before the Motor Accident Claims Tribunal, Amravati, seeking co...

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Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Failure to Prove Service of Statutory Notice. Complainant's failure to examine postal witness and produce acknowledgment card renders notice service unproven under Section 138 of Negotiable Instruments Act, 1881.

The appellant, M/s. Lloyds Metals & Engineers Ltd., filed a criminal appeal against the judgment dated 31st March 1998 passed by the Judicial Magistra...

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Bombay High Court Dismisses Employee's Petition Seeking Full Backwages in Reinstatement Case. Labour Court's Order of 50% Backwages Upheld as Employer Violated Natural Justice by Dismissing Without Waiting for Reply Period.

The petitioner, Sunil Shamrao Thokal, was employed as a Store Keeper with the respondent, The Salvation Army Evangeline Booth Hospital, since 1989. On...

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Bombay High Court Allows Tenant's Revision Against Eviction Decree for Lack of Valid Service of Notice Under Section 15 of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove valid service of statutory notice, and the appellate court's finding was perverse.

The case involves a civil revision application filed by the tenant, Mohanlal Soni, challenging the decree of eviction passed by the learned District J...