Search Results for "section 397"

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Search Results for "section 397"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Applicant in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

7 Dec 2017

The applicant, Prafulla Purushottam Gadge, filed five criminal applications under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking q...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Cooperative Society Property Dispute — Suit for Permanent Injunction Not Maintainable Due to Bar Under Section 125 of Karnataka Cooperative Societies Act, 1959. The court held that civil courts have no jurisdiction to entertain suits relating to cooperative society properties, as the Act provides a complete mechanism for resolution of disputes.

27 Feb 2018

The present regular second appeal was filed by the unsuccessful plaintiff, Nazir Ahamad, against the judgment and decree dated 11.01.2008 passed in R....

High Court

Bombay High Court Dismisses Application for Restoration of Criminal Revision Dismissed for Non-Prosecution: Bar of Section 362 CrPC Precludes Review of Final Order. The Court held that Section 362 of the Code of Criminal Procedure, 1973 prohibits any review or alteration of a final order, including dismissal for default, and inherent power under Section 482 cannot override this express bar.

6 May 2005

The matter arose from a conviction under Section 138 of the Negotiable Instruments Act, 1881. The applicant, a proprietary concern, was convicted and ...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Premeditation. Conviction under Section 302 IPC Set Aside as Incident Occurred During Sudden Quarrel Without Premeditation, Attracting Exception 4 to Section 300 IPC.

8 Oct 2020

The appellant, Sanjay Tarasingh Thakur, was convicted by the Additional Sessions Judge, Pune in Sessions Case No. 631 of 2010 for offences under Secti...

High Court

Bombay High Court Allows Revision Against Acquittal in Negotiable Instruments Act Case — Complainant's Right to Appeal Under Section 378(4) CrPC Not Barred for Filing Revision. The court held that the revisional court can examine the legality and propriety of the acquittal order even if the complainant did not seek leave to appeal, as the revision is maintainable under Section 397 CrPC read with Section 401 CrPC.

11 Apr 2011

The applicant, Maharashtra State Cooperative Marketing Federation Ltd., filed a criminal complaint under Section 138 of the Negotiable Instruments Act...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute. Agreement to Sell Land Between Housing Society and Landowner Does Not Attract Criminal Offences Under Sections 420, 468, 471, 447 IPC.

10 Apr 2012

The applicant, Indrajitsingh Jogindersingh, was accused no. 10 in Crime No. 131/2006 registered at Police Station Gittikhadan, Nagpur, for offences un...

High Court

Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

17 Feb 2006

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...

High Court

Gujarat High Court Upholds Conviction in Cheque Bounce Case Despite Vehicle Seizure Claim. Dishonour of Cheque Under Section 138 NI Act Stands as Liability Not Extinguished by Seizure of Collateral.

18 Mar 2026

The case arises from a criminal revision application filed by Shobhnaben Jayendrakumar Panchal against the judgment of the Sessions Judge, Panchmahal ...

High Court

High Court of Karnataka Acquits Accused in Rash Driving Case Due to Lack of Evidence on Identity and Negligence. Concurrent Conviction Under Sections 279, 337, 304A IPC Set Aside as Prosecution Failed to Prove Accused Was Driver of KSRTC Bus Involved in Fatal Accident.

13 Dec 2018

The petitioner, Chand Basha, was convicted by the Chief Judicial Magistrate, Bellary, in C.C. No. 165 of 2007 for offences punishable under Sections 2...

High Court

High Court of Karnataka Acquits Accused in House Trespass and Theft Case Due to Flawed Recovery Evidence. Prosecution's Failure to Examine the Investigating Officer to Whom Alleged Disclosure Was Made Rendered the Recovery of Cash and Articles Invalid Under Section 27 of Indian Evidence Act, 1872.

9 Sep 2020

The revision petitioners, accused Nos.1 and 2, challenged their conviction under Sections 457 and 380 of the Indian Penal Code for lurking house tresp...

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