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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Conduct of Business at Relevant Time, Proceedings Under Section 138 of Negotiable Instruments Act, 1881 Not Maintainable.

The petitioners, Satish Panchariya, Arun Panchariya, and Sanjay Tripathi, were directors of a company. They filed a petition under Article 226 of the ...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Quashes Slum Acquisition Notification for Petitioners' Land Due to Non-Compliance with Section 14(1) of Maharashtra Slum Areas Act, 1971. Notification held invalid for failing to specify the particular land and for not providing opportunity of hearing before declaration of slum area.

The petitioners, Yogesh Chandulal Mehta and Suresh Chandulal Mehta, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Eviction Suit — Amendment Sought at Fag End of Trial Held Not Permissible as It Would Change Nature of Defence and Cause Prejudice.

The dispute pertains to a suit for eviction filed by the original Plaintiff, Joanita Braganza, against the original Defendant, Stanislaus J.T. D'Souza...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for strangulation of wife set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Nabi Hasan Noor Hasan Khan, was convicted by the Additional Sessions Judge, Borivali, Mumbai, for the murder of his 19-year-old wife Sa...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Hostile Witnesses and Lack of Evidence. Common Intention Under Section 302 r/w 34 IPC Not Proved as Prosecution Failed to Establish Presence of Accused at Scene and Ocular Witnesses Turned Hostile.

The State of Maharashtra appealed against the judgment and order dated 26.02.2001-28.02.2001 passed by the learned Additional Sessions Judge, Greater ...

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Bombay High Court Allows Depositor's Appeal in MPID Act Case, Directs Release of Attached Property on Bank Guarantee. Court holds that Section 4 of MPID Act does not require deposit of entire amount claimed by depositor for release of property.

The case involves two appeals: Criminal Appeal No. 451 of 2020 filed by Rabibai Mohamad Ismail (appellant) and Criminal Appeal No. 88 of 2021 filed by...

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Bombay High Court Upholds Life Imprisonment for Murder Based on Extra-Judicial Confession and Circumstantial Evidence. Appellant's conviction under Section 302 IPC confirmed as extra-judicial confession to informant and father-in-law, recovery of body, and motive established guilt beyond reasonable doubt.

The appellant, Mohammad Ismail Noormohammad Madana, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Zuber Mohd. Ismai...