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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Devidas Gujarathi, who died in a road accident on 28th September 2012. The dec...

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Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Application of Presumptions Under Sections 118 and 139. Trial Court Erred in Shifting Burden of Proof Without Considering Rebuttal Evidence and Document Exh.28.

The appellant, Sunanda Rithe, filed a criminal appeal against the acquittal of the respondent, Madhav Rajurkar, by the Chief Judicial Magistrate in Su...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case Due to Improper Rejection of Secondary Evidence. Court holds that trial court erred in rejecting application to lead secondary evidence of cheque and dishonour memo when originals were lost, and remands case for fresh trial.

The appellant, Maharashtra State Seeds Corporation Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the re...

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Bombay High Court Allows Writ Petition, Restores Process in Cheque Dishonour Case. Jurisdiction for Section 138 NI Act lies where cheque is deposited for collection, not only where drawee bank is located.

The petitioner, Dr. Kiran Laxminarayan Maheshwari, a medical practitioner at Murbad, filed a complaint under Section 138 of the Negotiable Instruments...

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Bombay High Court Quashes Complaint Against Wife in Cheque Dishonour Case Due to Lack of Vicarious Liability. No Evidence of Consent or Connivance by Joint Account Holder Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Ashish C. Shah, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Cri...

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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Inconsistent Defence and Failure to Rebut Presumption. Accused Convicted Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Friendly Loan.

The appellant, Ramdas Anant Naik, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent Jacob Fernandes, alle...