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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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Bombay High Court Dismisses PIL Against Politician for Alleged Disproportionate Assets — No Prima Facie Case Made Out. Petitioner failed to provide credible material to justify investigation under Prevention of Corruption Act, 1988.

The petitioner, an RTI activist, filed a PIL in the Bombay High Court alleging that respondent 9, a politician and former Home Minister of Maharashtra...

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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 for Non-Prosecution. Court Holds That Dismissal in Default and Acquittal of Accused Without Considering Merits Is Not Sustainable When Complainant's Counsel Was Present.

The applicant, Murlidhar s/o Harkisandas Manwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

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Bombay High Court Dismisses Revision Against Quashing of Process in Defamation Case — Complaint Lacked Averment of Publication to Third Party. The Court held that publication is a sine qua non for defamation under Sections 500 and 501 IPC, and the Sessions Court rightly set aside the process.

The petitioner, Satyabhash Yeshwant Salgaonkar, was the original complainant who filed a complaint alleging offences punishable under Sections 500 (de...

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Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

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Bombay High Court Dismisses BEST Undertaking's Petition Challenging Industrial Court Order in Suspension Case. Suspension of Deputy Charge Engineer Held Invalid as Standing Orders Not Applicable, But Unfair Labour Practice Found Due to Non-Compliance with Procedure.

The Brihanmumbai Municipal Corporation (BEST Undertaking) challenged an order of the Industrial Court which had allowed the complaint of unfair labour...