Search Results for "Criminal Procedure Code Section 468"

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Offence Under Section 138 of Negotiable Instruments Act, 1881. Dispute Found to be Civil in Nature as Cheque Was Issued as Security for Repaid Loan.

The applicant, Farooque Fateh Mohammad Sarkhel, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashi...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Allows Anticipatory Bail in PMLA Case Due to Non-Application of Mind in Arrest Order. Arrest Under Section 19 PMLA Requires Independent Satisfaction; Verbatim Reproduction of CBI Remand Application Renders Arrest Illegal.

The applicants, Aditya Ishwardas Rasiwasia and Ishwardas Laxmichand Agarwal, filed an application under Section 438 of the Code of Criminal Procedure,...

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Bombay High Court Allows Writ Petition Challenging De-empanelment of Advocate by Bank of Baroda Without Following Principles of Natural Justice. Show-Cause Notice Issued with Premeditation Violates Right to Fair Hearing Under Article 14 of Constitution of India.

The petitioner, a registered legal practitioner since 1980 and empanelled with the Bank of Baroda for over 30 years, was de-empanelled by a communicat...

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Bombay High Court Rejects Second Bail Application in Economic Offence Case Due to No Change in Circumstances. Applicant's Role as Director in Fraudulent Transactions Upheld; Gravity of Offence Precludes Bail.

The applicant, Waryam Singh Kartar Singh, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wit...

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Supreme Court Dismisses Appeal in NDPS Case Seeking CBI Investigation Over Alleged Illegal Abduction. Transfer to CBI Not Warranted as Mere Allegations Against Police Do Not Meet Exceptional Circumstances Under Established Guidelines, and Issues Can Be Raised in Trial.

The Supreme Court heard appeals arising from two Special Leave Petitions challenging orders of the High Court of Chhattisgarh, Bilaspur. The appellant...

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Gujarat High Court Dismisses Revision Against Acquittal in Cheque Dishonour Case Due to Non-Prosecution. Complainant's Failure to Appear Leads to Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Ketan Jayantilal Thakkar, was the original accused in Criminal Case Nos. 4380 of 2006 and 5537 of 2006 under Section 138 of the Negotia...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...