Search Results for "cognizance versus charge"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "cognizance versus charge"

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High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Other Mandatory Provisions. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

1 Apr 2019

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) r...

Tribunals

NCLAT Allows Appeal of Financial Creditor in IBC Limitation Dispute — Balance Sheet Acknowledgment Extends Limitation Under Section 18 of Limitation Act, 1963. The Corporate Debtor's balance sheet recording 'secured borrowings' constituted acknowledgment of debt, saving the Section 7 application from being time-barred.

30 Nov -0001

The appeal was filed by IL&FS Financial Services Limited (Financial Creditor) against the order of the National Company Law Tribunal, Guwahati Bench, ...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

High Court of Judicature at Bombay Nagpur Bench examines applications under Order 7 Rule 11 CPC seeking rejection of election petitions for non-compliance with the Representation of People Act, 1951. Court considers whether election petitions filed under Section 80 lack material facts and proper verification, and whether defects are curable after limitation.

2 Aug 2010

The matter involved two election petitions filed under Section 80 of the Representation of People Act, 1951, challenging the election of Rajendra Mula...

Supreme Court

Supreme Court Allows Appeal in Kidnapping Case: High Court Erred in Mandating Section 319 CrPC Decision Before Cross-Examination. Trial Court's Discretion to Decide Application Under Section 319 CrPC After Cross-Examination Upheld.

4 Oct 2024

The appeal arose from a criminal case where the appellant was accused of attempting to kidnap the complainant (respondent no.2). The FIR was lodged un...

Supreme Court

Supreme Court Converts Murder Conviction to Culpable Homicide in Sudden Fight Case — Appellant's Sentence Reduced to Period Already Served. The Court held that the incident arose from a sudden quarrel without premeditation, and the appellant acted in the heat of passion after being assaulted by the deceased, bringing the case under Exception 4 to Section 300 IPC.

13 Dec 2024

The case arises from a political rivalry between sympathizers of the United Democratic Front (UDF) and Left Democratic Front (LDF) in Kerala. On 11 Ap...

Supreme Court

Supreme Court Upholds CBI Investigation and Enhances Compensation in Army Custodial Death Case. The court affirmed the High Court's direction for CBI probe into the death of a civilian allegedly killed in army custody and increased compensation from Rs. 3 lakhs to Rs. 5 lakhs under Article 142.

26 Jul 2019

The case arises from the death of Someswar Gayari alias Sombrom, who was allegedly taken into custody by army personnel of the 8th Madras Regiment on ...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

High Court

Bombay High Court Quashes FIR Against Company Directors in PF Embezzlement Case Due to Lack of Criminal Intent and Civil Nature of Dispute. Directors Not Vicariously Liable for Company's Failure to Deposit PF Amounts Under Section 14 of Employees' Provident Funds & Miscellaneous Provisions Act, 1952 When Dispute Is Essentially Civil.

17 Jan 2024

The petitioners, M/s. Edunetwork Private Limited and its directors Geetansh Bamania and Ajay Nain, filed a criminal writ petition under Articles 226 a...

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