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High Court of Karnataka Allows Revision Petition in Section 319 CrPC Case — Trial Court Directed to Reconsider Summoning of Additional Accused. Prima Facie Evidence Test Must Be Applied for Summoning Under Section 319 of Code of Criminal Procedure, 1973.

The petitioner, Renuka @ Shivubai, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973,...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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High Court of Karnataka Quashes Criminal Proceedings Against Public Servants in Corruption Cases for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act — Proceedings Initiated Without Valid Sanction Are Void Ab Initio.

The judgment pertains to multiple criminal petitions and writ petitions filed by public servants of the Hassan Urban Development Authority seeking qua...

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High Court of Karnataka Quashes Criminal Proceedings Against Public Servants in Corruption Cases for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act — Proceedings Initiated Without Valid Sanction Are Void Ab Initio.

The judgment involves multiple criminal petitions and writ petitions filed by public servants of the Hassan Urban Development Authority seeking quashi...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...