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High Court of Karnataka Quashes Suo Motu Order for 20% Deposit Under Section 143-A NI Act Without Hearing Accused — Interim Compensation Cannot Be Ordered Without Notice and Opportunity of Hearing

The petitioner, Himanshu Gupta, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) filed by the respond...

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High Court of Karnataka Enhances Compensation for Minor Injured in Motor Accident — Permanent Disability Assessed at 30%. Notional Income of Rs. 30,000 per annum applied with 40% future prospects under Motor Vehicles Act, 1988.

The appeal was filed by the minor claimant, Priyanka Pradeep Gavade, represented by her mother, seeking enhancement of compensation awarded by the II ...

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High Court of Karnataka Quashes Charge Sheet in Criminal Petition Under Section 482 CrPC — Allegations of Unlawful Assembly and Trespass Found Baseless. Court holds that continuation of proceedings would be an abuse of process of law as no prima facie case is made out against the petitioners.

The petitioners, five individuals, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the ...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC in Land Dispute. Court holds that disputed questions of fact regarding ownership and encroachment cannot be decided in summary rejection under Order 7 Rule 11 CPC.

The present Civil Revision Application was filed by the applicants, who were original opponent Nos. 2 and 3, against the judgment and order dated 12.0...

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Bombay High Court Dismisses Petition Challenging Termination for Suppression of Criminal Antecedents in Employment Application. Suppressio veri or suggestio falsi in attestation form justified termination as per service conditions.

The petitioner, Ravindra Ramesh Barkul, was appointed as a Junior Technician with the Maharashtra State Electricity Distribution Company Ltd. He fille...

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Bombay High Court Dismisses Petition Challenging Rejection of Application Under Section 91 CrPC for Call Data Records in Sheena Bora Murder Case. Court Held That Accused Cannot Seek Production of Documents Not Relied Upon by Prosecution at Pre-Trial Stage.

The petitioner, Pratim @ Peter Mukherjea, accused No.8 in Special Case No.9 of 2016 arising from the Sheena Bora murder case, filed a writ petition ch...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

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Bombay High Court Dismisses Petition Against Recovery Order Under Maharashtra Co-operative Societies Act — No Interference with Section 101 Order Due to Alternative Remedy and Delay. Petition Filed After 10 Years Dismissed with Liberty to Avail Alternative Remedy.

The petitioners, M/s. Medihealth Care Private Limited and its directors, filed a writ petition under Article 227 of the Constitution of India challeng...