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Supreme Court Dismisses Landlord’s Appeal in Bihar Tenancy Dispute; Thika Patta Held to be Lease, Not Mortgage. Tenants of a Tenure-Holder, Being Settled Raiyats Under Bihar Tenancy Act, 1885, Acquired Occupancy Rights and Could Not Be Evicted After Expiry of Head Lease.

The dispute arose from a thika patta executed by the predecessor-in-interest of the plaintiff (appellant) in favor of B, covering a village for a term...

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Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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Supreme Court Grants Bail to PFI Accused in UAPA Case Due to Lack of Prima Facie Evidence and Parity with Co-Accused. Appellant's Custody Since July 2022 Without Charge Framing Violates Article 21.

The appellant, Athar Parwez, was arrested on 12.07.2022 in connection with FIR No. 827/2022 registered at Police Station Phulwari Sharif, Patna, under...

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Bombay High Court Allows Complainant's Petition in Cheque Dishonour Case — Sets Aside Sessions Court Order Allowing Ink Age Test. Scientific Test for Ink Age Held Futile as No Mechanism Exists to Determine Date of Writing Under Section 243(2) CrPC.

The petitioner, Dnyaneshwar Eknath Gulhane, the original complainant in a cheque dishonour case, challenged the order dated 21.06.2023 passed by the l...

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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Bombay High Court Dismisses Defamation Suit Against Azim Premji for Lack of Authority to File on Behalf of Company. Managing Director's Authority to Sue Required Board Resolution as per Articles of Association.

The suit was filed by Subhiksha Trading Services Ltd. (Plaintiff No.1) and its Managing Director R. Subramanian (Plaintiff No.2) against Azim Premji a...

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Supreme Court Upholds Award of Contract to Successful Bidder in Tender Dispute, Setting Aside High Court's Interference. Judicial Review in Tender Matters is Limited to Examining Arbitrariness and Procedural Fairness, Not Re-evaluating Merits, Especially After Contract Execution Under the Tender Terms.

The dispute arose from a tender floated by Respondent for operation and maintenance of a gas-based power plant. The tender used a Quality and Cost Bas...