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Supreme Court

Supreme Court Interprets Section 175(4) BNSS in Sexual Assault Case Against Police Officers -- Clarifies Public Servant Immunity and Investigation Procedures Under Bharatiya Nagarik Suraksha Sanhita

27 Jan 2026

The Supreme Court addressed a criminal appeal involving interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The app...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

High Court

Bombay High Court Grants Leave to Defend in Commercial Summary Suit for Recovery Under Deed of Cancellation — Triable Issues Raised Regarding Validity of Agreement and Quantum of Amount. The court held that the defendant raised substantial triable issues entitling unconditional leave to defend under Order XXXVII CPC.

12 Dec 2019

The plaintiff, Dimples Infra, a registered partnership firm engaged in property development, filed a commercial summary suit against the defendant, He...

High Court

Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

15 Oct 2019

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

High Court

Bombay High Court Quashes Process Against Partners in NI Act Case for Lack of Specific Averments. Complaint failed to disclose specific role of partners in cheque issuance, making prosecution an abuse of process.

8 Feb 2019

The applicants, Shivangi Garg and Indu Navin Agrawal, were arrayed as accused 3 and 4 in Criminal Complaint 1224 of 2015 filed by Anuj Shrikant Tabere...

High Court

High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Quashes Process Against Accused in Section 138 NI Act Case — Cheque Not Drawn on Accused's Account. Applicant cannot be held vicariously liable under Section 138 of Negotiable Instruments Act, 1881 as the cheque was drawn on the account of a proprietorship firm, not on the personal account of the accused.

12 Feb 2016

The applicant, Dr. (Mrs) Rajul Ketan Raj, was accused no.1 in three complaints filed by Reliance Capital Ltd. under Section 138 of the Negotiable Inst...

High Court

Bombay High Court Quashes Order in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Complaint Filed at Aurangabad Not Maintainable as Cheque Was Drawn and Presented at Pune. Territorial Jurisdiction Under Section 138 Negotiable Instruments Act, 1881 Determined by Place of Presentation and Dishonour, Not Complainant's Registered Office.

10 Aug 2011

The petitioner, Rajendra Marga Gaikwad, proprietor of Yashraj Agencies at Pune, was the original accused in a complaint filed by Kail Limited (formerl...

High Court

Bombay High Court Quashes Criminal Complaint for Cheque Dishonour Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act Requirements. The court held that the complaint did not disclose essential ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881, as the demand notice was not properly served and there were no specific averments against the partners.

12 Jul 2006

The applicants, M/s D.P. Jain & Co., a partnership firm, and its partners Girish Jain, Dharampal Jain, and Deepak Jain, filed an application under Sec...

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