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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Rebuttal of Presumption Under Section 139 Must Be Based on Preponderance of Probabilities and Not Mere Denial.

The appellant-complainant, Dipali Enterprises, a proprietorship firm dealing in building materials, filed a criminal appeal under Section 378 of the C...

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Bombay High Court Dismisses Second Appeal in Promotion Dispute Against Co-operative Bank — Bank Not 'State' Under Article 12. Employee's Claim for Promotion to Deputy Chief Officer Fails as Technical Cadre Employee Not Entitled to Consideration for General Cadre Post.

The appellant, Sudhir Chatarpal Kedar, a Civil Engineer, was appointed as Engineer/Officer Grade-I in the Maharashtra State Co-operative Bank in July ...

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Bombay High Court Allows Revision Against Dismissal of Complaint for Default in Absence of Accused — Section 256 CrPC Not Applicable When Accused Absent. Complaint Under Section 138 Negotiable Instruments Act Restored as Magistrate Exceeded Jurisdiction.

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Rohidas Dharma Rathod, alleging offences under Section 138 o...

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Bombay High Court Dismisses Petitions Challenging Termination of Probationary Employees in MSETCL — Probation Period Extended Validly Under Service Rules. Termination of Probationer Without Stigma Upheld as Employer's Discretion Under Regulation 11 of MSETCL Service Regulations.

The petitioners, Chandrashekhar Tukarampant Madankar, Anup Udhav Lokhande, and Harshal Radheshyam Malewar, were appointed as Junior Engineers (Electri...

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High Court Allows Appeal Against Trial Court's Order Setting Aside Its Own Restoration Order Without Jurisdiction. Trial Court Cannot Rectify Its Own Error Under Order XXXIX Rule 11(2) CPC as It Becomes Functus Officio.

The appeal arises from an order dated 25.8.2015 passed by the Civil Judge, Senior Division, Akola in M.J.C. No. 937/2014. The appellant, Purushottam N...