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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 of the NI Act Stands Unless Rebutted by Accused.

The appellant, Smt. Kiran w/o Yugalkishore Bhattad, filed a criminal appeal against the judgment of the 7th Judicial Magistrate, First Class, Nagpur (...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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Bombay High Court Directs Collector to Reconsider NA Applications in Land Revenue Matter — Procedural Compliance Under Maharashtra Land Revenue Code, 1966 Required. Collector's Rejection of NA Applications Set Aside for Non-Compliance with Statutory Procedure Under Maharashtra Land Revenue Code, 1966.

The petitioners, owners of various lands in Bhayander (West), Thane, filed applications dated 13/7/2010 and 11/8/2010 before the Collector, Thane, see...

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Bombay High Court Allows Appeal in Cheque Dishonour Case — Service of Statutory Notice Valid Despite Unsigned Office Copy. Absence of Signature on Office Copy of Demand Notice Does Not Invalidate Service Under Section 138(b) of Negotiable Instruments Act, 1881.

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

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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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Karnataka High Court Quashes Attachment Order Passed by Executing Court in Execution Case Involving Gratuity Amount. Gratuity Payable Under Payment of Gratuity Act, 1972 Held Exempt from Attachment Under Section 13 Even After Death of Employee.

The present writ petition was filed under Article 227 of the Constitution of India challenging the order dated 03.06.2021 passed by the Principal Civi...

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Supreme Court Dismisses Appeal of Vendees in Pre-emption Suit under Punjab Pre-emption Act, 1913. The Court held the 1964 Amendment Act clarificatory and retrospective, and a step-daughter is a 'son or daughter' under Section 15(2)(b).

The dispute concerned a claim for pre-emption of agricultural land sold by a widow to the appellants. The respondent, a daughter of the deceased lando...