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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Allows Writ Petition Quashing Attachment Notices Against Third-Party Purchaser for Excise Dues of Defaulter. Central Excise Cannot Attach Property Sold Prior to Creation of Dues Without Notice to Purchaser Under Section 11 of Central Excise Act, 1944.

The Petitioner, M/s Runwal Constructions, a partnership firm registered under the Indian Partnership Act, 1932, engaged in construction and developmen...

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Bombay High Court Allows Cooperative Bank's Writ Petition Against Sales Tax Tribunal's Refusal to Entertain Appeal Under Section 55 of Bombay Sales Tax Act, 1959 — Tribunal Directed to Decide Appeal on Merits

The petitioner, Shikshak Sahakari Bank Limited, a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ peti...

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Bombay High Court Upholds Interim Injunction in Trade Mark Infringement Suit — 'SUPER MOR CHHAP' Held Deceptively Similar to 'MOR CHHAP'. Registration and Prior Use of 'MOR CHHAP' for Lime Plaster Entitled Plaintiff to Protection Under Trade and Merchandise Act, 1958.

The plaintiff, Sunil Manikchand Kasliwal, filed a suit for trade mark infringement against the defendant, Rahul Uttam Suryavanshi, alleging that the d...

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Supreme Court upholds High Court's Quashing of Criminal Proceedings Under SC/ST Act, Holding Conversion to Christianity Does Not entitle Caste-Based Protection.

The appeal arose from a judgment of the High Court of Andhra Pradesh quashing criminal proceedings against accused persons under Section 482 of the Co...

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Madras High Court Allows Retired IAS Officer's Petition to Quash Disciplinary Proceedings Initiated Without Sanction Under Rule 9 of CCS (Pension) Rules, 1972. Charge Memo Issued on Last Day of Service Invalid Due to Lack of Prior Sanction and Inordinate Delay in Proceedings.

The petitioner, K.Suresh, an IAS officer of the 1982 batch from the Madhya Pradesh cadre, retired on 31.08.2015 as Principal Secretary. On his last da...

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Madras High Court Dismisses Writ Petition Seeking Removal of Encroachment on Common Pathway, Holds Dispute Over Patta Land Must Be Resolved by Civil Court. The court found that the pathway was patta land and a civil suit was pending, making the writ petition not maintainable.

The petitioner, D. Arputham, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the Commissione...