Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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High Court

High Court of Karnataka Allows Appeals in Cheque Dishonour Cases, Sets Aside Acquittals for Non-Examination of Complainant and Lack of Evidence on Debt Liability. The court held that presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of holder and non-examination of complainant does not automatically vitiate trial if other evidence supports the case.

7 Sep 2016

The case involves three criminal appeals filed by the appellants (S. Madhava Reddy, K. Krishna, and Narayana Reddy) against the judgment of acquittal ...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

High Court

Bombay High Court Hears Interim Application and Notices of Motion in Suit Regarding Status Quo and Injunction in Real Estate Development Dispute. Court Considers Confirmation of Ad-Interim Orders Restraining Further Alienation and Construction, and Vacation Thereof, in Dispute Over TDR and Building No. 4.

5 Apr 2024

The judgment under consideration pertains to interim applications and notices of motion in a suit before the Bombay High Court. The plaintiff, a co-op...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

10 Mar 2010

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

2 May 2019

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

30 Nov -0001

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC.

25 Apr 2023

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Secti...

Supreme Court

Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973.

17 Jul 2020

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that the demand notice under Section 138 of the Negotiable Instruments Act, 1881 must be properly served on the accused, and if returned unclaimed, the complainant must take steps to serve by other modes.

19 Jul 2019

The applicant, Amit Digvijay Singh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order date...

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