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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Evidence and Lack of Common Object. Conviction under Section 302 read with 149 IPC set aside as prosecution failed to prove unlawful assembly and common object beyond reasonable doubt.

The judgment pertains to multiple criminal appeals arising from a conviction for murder under Section 302 read with 149, 120B, 147, 148 of the Indian ...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Arbitral Award for Violation of Natural Justice and Public Policy. Failure to Provide Opportunity to Cross-Examine Key Witness and Non-Consideration of Vital Evidence Renders Award Patently Illegal.

The appellant, M/s Leaf Bio-Tech Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the order of the Ci...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Eye-Witness and Lack of Corroboration. Acquittal of Accused under Section 302 read with 34 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal against the judgment and order dated 10.5.1989 passed by the Additional Sessions Judge, Malegaon, District Na...

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Bombay High Court Upholds Conviction for Rape of Minor Based on Testimony of Victim and Medical Evidence. The court held that the sole testimony of the victim, if credible, is sufficient for conviction under Section 376 IPC, and medical evidence corroborated the rape.

The appellant, Vincent Fernandes, was convicted under Section 376 of the Indian Penal Code, 1860 for raping a 14-year-old girl on 31 March 1999 at Van...

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Bombay High Court Upholds Conviction of Appellant for Rape of Minor Based on Credible Testimony and Medical Evidence. Testimony of Victim Alone Sufficient for Conviction Under Section 376 IPC When Found Reliable and Corroborated by Medical Evidence.

The appellant, Vincent Fernandes, was convicted by the trial court under Section 376 of the Indian Penal Code for committing rape on a 14-year-old gir...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Sole Negligence of Truck Driver Upheld. Compensation of Rs.10,88,944/- with 6% Interest Confirmed as No Contributory Negligence or Breach of Policy Conditions Proved Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 20.11.2002 at around 6:30 p.m. on Patanpura Ridrol road. The deceased, Mukeshbhai Mafatlal Praj...

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High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...