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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

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High Court of Karnataka Allows Appeal in Land Acquisition Compensation Case Under National Highways Act — Enhancement of Compensation Granted Based on Comparable Sale Deeds. Market Value Determined at Rs. 150 per sq. ft. with Additional Benefits Under Section 3G(5) of the National Highways Act, 1956.

The appellant, Sri G. Ravishankar, owned 22,869 sq. ft. of land in Sy. No.49/2 of Aimangala village, Hiriyur Taluk, Chitradurga District, which was ac...

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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...

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Bombay High Court Upholds Compulsory Retirement of Judicial Officer for Lack of Integrity and Efficiency. Rule 10(4)(a)(i) of Maharashtra Civil Services (Pension) Rules, 1982 applied to prematurely retire a District Judge based on adverse entries and overall performance record.

The petitioner, Ashokkumar Hiralal Lohiya, was a judicial officer who joined the judiciary as a Civil Judge, Junior Division in 1978 and was promoted ...