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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Confirms Death Sentence for Murder of Four Family Members in Brutal Robbery-Murder Case. Court Upholds Conviction Under Sections 302, 392, 449, 460, 201 IPC for Killing Two Adults and Two Children in Their Flat.

The case arises from a brutal murder of four members of a family in their flat in Pune. The accused, Bhagwat Bajirao Kale, was a labourer working at a...

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Supreme Court Allows Appeal Against NCLAT Order in Competition Law Case — Locus Standi of Informant Under Section 19(1)(a) of Competition Act, 2002. The Court held that the expression 'any person' in Section 19(1)(a) is wide and does not require the informant to be a consumer or competitor.

The appeal arose from an information filed by Samir Agrawal, an independent law practitioner, before the Competition Commission of India (CCI) on 13.0...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Notice sent by UPC (Under Postal Certificate) held insufficient to constitute valid service under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Rushikesh Hanumant Sutar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FI...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Notice sent by Under Postal Certificate (UPC) is not valid service under Section 138 of Negotiable Instruments Act, 1881.

The present petition was filed by the original accused, Digambar Abhiman Gondwale and Jayshree Abhiman Gondwale, under Section 482 of the Code of Crim...

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Bombay High Court Allows Writ Petition for Service Benefits to Former Assistant Teacher Granted Probation Under Probation of Offenders Act. Conviction under IPC does not automatically disentitle employee to consequential benefits when released on probation.

The petitioner, Abdul Rashid Abdul Latif Musalman, a former Assistant Teacher employed by the Zilla Parishad, Jalgaon, was convicted by the Additional...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Compromise Cheque Dishonour Constitutes Separate Offence. Settlement of earlier cheques does not discharge liability under a fresh cheque issued as part of the compromise.

The appellant, Prabhakar Gaidhane, filed a criminal appeal against the acquittal of the respondent, Nivruti Kamdi, by the Judicial Magistrate, First C...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant; mere endorsement 'not claimed' is insufficient to establish deemed service.

The petitioner, Sahajanand Investments Pvt. Ltd., filed four criminal writ petitions under Section 482 of the Code of Criminal Procedure, 1973, seekin...