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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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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 Quashes Externment Order Under Section 55 of Bombay Police Act, 1951 for Non-Supply of Material and Lack of Sufficient Evidence Against Gang Member. Court Held That Externment Order Based on Inadequate Material and Denial of Copies of Reports Violated Principles of Natural Justice.

The petitioner, Ahammad Mainuddin Shaikh, challenged the legality of an externment order dated 15th January, 2013 passed by the Superintendent of Poli...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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Gujarat High Court Upholds Conviction in Cheque Bounce Case — Presumption Under Section 139 NI Act Stands Unless Rebutted by Accused. Accused Failed to Rebut Presumption of Legally Enforceable Debt; Conviction Under Section 138 NI Act Confirmed.

The case involves a criminal revision application filed by the accused, Rajubhai Kalidas Chunara, challenging his conviction under Section 138 of the ...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139.

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Dismisses Petition for Freedom Fighter Pension Due to Lack of Sufficient Evidence. Claim for Samman Pension under Freedom Fighter Pension Scheme, 1972 rejected as petitioner failed to prove participation in Hyderabad Liberation Movement with credible documentary evidence.

The petitioner, Shri Ramkishan s/o. Narhari Sangewar, filed a writ petition challenging the order dated 4th August 2004 rejecting his claim for Samman...