Search Results for "notice under section 138"

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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. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal dispatch, not mere endorsement of 'not claimed'.

The petitioner, Sanjay Bapuso Dalvi, aged 57 years, an agriculturist, filed a criminal writ petition under Article 226 of the Constitution of India re...

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High Court of Bombay at Nagpur Upholds Conviction in Cheque Dishonour Case — Compensation Reduced to Rs. 1,20,000. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 that cheque was issued for discharge of legally enforceable debt.

The case arises from a criminal revision application filed by the accused, Pradeep Nagrale, challenging his conviction under Section 138 of the Negoti...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Recognizes Menstrual Hygiene as Integral to Right to Education and Dignity. Court Emphasizes State's Obligation to Provide Free Sanitary Pads and Separate Toilets in Schools Under Articles 14, 21, and 21A.

The writ petition under Article 32 of the Constitution was filed by a social worker seeking judicial intervention to address the widespread lack of me...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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High Court of Karnataka Dismisses Appeal Against Acquittal in Cheque Bounce Case — Complainant Failed to Prove Legally Enforceable Debt. Presumption under Section 139 NI Act Rebutted by Accused Showing Loan Repayment and Lack of Documentary Evidence.

The appellant, K.N. Raju, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...