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Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Establish Criminal Intent Under Section 420 IPC. Allegations of Fraud in Real Estate Transaction Found to Be Purely Civil in Nature, Lacking Ingredients of Criminal Breach of Trust or Cheating.

The Supreme Court allowed the appeal against the judgment of the Madras High Court, which had dismissed the appellants' petition to quash criminal pro...

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Supreme Court Upholds Conviction of Police Inspector for Custodial Death but Modifies Offence from Murder to Culpable Homicide. Death of an accused in police custody due to multiple injuries inflicted by police officers resulted in conviction under Section 304 Part I IPC instead of Section 302 IPC.

The case pertains to the custodial death of Jeeva, who surrendered at Amraiwadi Police Station on 10th June 1992. The appellant, Vinod Jaswantray Vyas...

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Bombay High Court Acquits Accused in POCSO Case Due to Lack of Foundational Facts and Unreliable Evidence. Presumption under Section 29 of POCSO Act cannot be invoked without prosecution first proving foundational facts beyond reasonable doubt.

The case involves an appeal against the conviction of Vijay Manoharrao Jawanjal under Section 376AB of the Indian Penal Code and Section 6 of the Prot...

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Supreme Court Dismisses Appeal by Central Warehousing Corporation Against Appointment of Arbitrator — Public Premises Act Does Not Override Arbitration Act. Disputes Over Unilateral Rate Revision and Lease Renewal Are Arbitrable Under Clause 16 of the Lease Agreement.

The Supreme Court dismissed an appeal by the Central Warehousing Corporation (CWC) against a High Court order appointing an arbitrator to resolve disp...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...