Search Results for "notice under section 138"

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Bombay High Court Reviews Challenge to State Excise Revision Order in CL-III Licence Transfer Dispute. Court Determines Whether Collector's Review Order Was Administrative or Quasi-Judicial Under Maharashtra Prohibition Act.

Background — The dispute concerned a CL-III licence for sale of country liquor originally issued in 1973 in favour of Gangagoud Bhimagoud Anantwar. ...

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High Court of Karnataka Quashes Proceedings Against Partner in Cheque Dishonour Case Due to Lack of Specific Allegations. Section 138 NI Act complaint fails to attribute any role to the partner in the issuance of the cheque.

The petitioner, Smt. K. Surekha, was a partner of a firm. The respondent, A. Santosh Kumar, filed a private complaint under Section 138 of the Negotia...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Bombay High Court Allows Victim's Appeal Against Acquittal in Murder Case — Reverses Acquittal Under Section 302 IPC Based on Dying Declarations. Multiple Consistent Dying Declarations by Deceased Naming Accused as Perpetrator Held Sufficient for Conviction Despite Property Dispute Motive.

The case involves a criminal appeal filed by Amit Mishra, the son of the deceased Nirmalabai, against the acquittal of the accused Jagadambaprasad Mis...

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Bombay High Court Allows Writ Petitions and Sets Aside Magistrate’s Order Refusing Release of Attached Property in Cheque Bounce Cases. No Limitation Under Section 85 CrPC for Restoration After Acquittal; Earlier Rejection of Third-Party Application on Locus Not a Bar.

The dispute arose from complaints under Section 138 of the Negotiable Instruments Act, 1881 filed by Respondent No.2, a company, against the Petitione...

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High Court of Karnataka Dismisses Employer's Petition Challenging Deferral of Prosecution Authorisation Under Section 34 of Industrial Disputes Act, 1947. Government Can Defer Consideration of Prosecution Authorisation Pending Adjudication of Underlying Industrial Dispute Under Section 10 of the Act.

The petitioner, M/S International Trimmings and Labels India Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of ...