Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

20 Nov 2020

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

High Court

Bombay High Court Quashes Tax Demand Against Manufacturer for Vehicles Used Within Factory Premises — Motor Vehicles Taxation Act Does Not Apply to Vehicles Not Used on Public Roads. The court held that vehicles used solely within factory premises are not 'used in a public place' under Section 3 of the Motor Vehicles Taxation Act, 1958, and demand notices issued without jurisdiction and barred by limitation are illegal.

11 Mar 2010

The petitioner, Tata Motors Limited, a company registered under the Indian Companies Act, 1913, is engaged in the manufacture and sale of commercial v...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

10 Oct 2017

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...

High Court

High Court of Bombay at Nagpur Hears Criminal Appeal Against Acquittal in Cheque Bounce Case. Trial Court Found Cheque Dishonoured but Dismissed Complaint for Lack of Authorization of Power of Attorney Holder Under Section 138 of Negotiable Instruments Act, 1881.

13 Sep 2012

The present criminal appeal arose from the acquittal of the respondent-accused in a complaint under Section 138 of the Negotiable Instruments Act, 188...

High Court

Bombay High Court Quashes Criminal Complaints Against Directors Under Section 138/141 of NI Act for Lack of Specific Averments. The Court Held That Mere Designation as Director Without Allegation of Being in Charge of and Responsible for Company's Affairs Does Not Satisfy Section 141, Following S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla.

17 Jun 2011

The matter involved a series of criminal writ petitions filed by Directors of two companies, Elite International Pvt. Ltd. and Vedic Cotton Limited, s...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. The court held that the Trial Court erred in acquitting the accused despite the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, as the accused failed to rebut the presumption.

14 Jan 2010

The appeal arises from the judgment and order of acquittal passed by the J.M.F.C., Mapusa, Goa, in OA case No.625/2007/F, acquitting the respondent/ac...

High Court

Bombay High Court Reviews Teacher's Challenge to Termination by Private School Under MEPS Act. The Court Upheld the Authenticity of the Appointment Order and Analyzed the Legal Nature of Fixed-Term Appointments Under Section 5(2) of the Act.

26 Mar 2010

The case before the Bombay High Court, Nagpur Bench, arose from a writ petition filed by a teacher against the judgment of the School Tribunal that ha...

High Court

High Court Quashes Criminal Proceedings Against Employees of Financial Institution in Loan Impersonation Case Due to Absence of Specific Allegations and Abuse of Process. Proceedings under Sections 418, 419, 420, 465, 468, 467, 474, 120B read with 34 IPC quashed as charge-sheet lacked specific criminal role attributed to the petitioners, who were merely performing their official loan-processing duties.

22 Feb 2021

The case arose from a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings against three employee...

High Court

Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

23 Feb 2024

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

High Court

Bombay High Court Allows Appeal Against Discharge in Cheque Dishonour Case — Complaint by Power of Attorney Holder is Maintainable. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by a power of attorney holder of the payee is maintainable and the complaint was within limitation.

30 Jul 2012

The appellant, Gautamchand Inderchand Kochar, proprietor of Kochar Finance, filed a criminal appeal against an order of discharge passed by the Judici...

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