Search Results for "section 397"

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Bombay High Court Allows Revision Against Interlocutory Order in Cheque Dishonour Case — Typographical Error Correction Upheld. Order Allowing Amendment to Correct Cheque Number in Complaint Under Section 138 of Negotiable Instruments Act, 1881 is Interlocutory and Not Revisable Under Section 397 CrPC.

The applicant, Digambar Ganpat Korde, filed a Criminal Revision Application before the Bombay High Court challenging the judgment and order dated 16.1...

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Bombay High Court Cancels Bail for Respondents in Murder Case for Violating Bail Conditions and Committing Further Offences. The court held that breach of bail conditions and commission of cognizable offences while on bail warrant cancellation of bail under Section 439(2) CrPC.

The State of Maharashtra filed an application seeking cancellation of bail granted to Rajesh Shrinivas Kuken (Respondent No.1) and Jitendra @ Jitu Ram...

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Gujarat High Court Dismisses Complainant's Revision in NI Act Case, Upholds Acquittal of Accused. Court holds that appellate court's reversal of conviction was based on proper appreciation of evidence and complainant's failure to prove legally enforceable debt.

The applicant, Jagrutiben Navinchandra Biscuitwala, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against the r...

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Gujarat High Court Dismisses Bank's Revision to Cancel Anticipatory Bail in Cheating Case — No Misuse of Bail or Supervening Circumstances Established. Bail Cancellation Requires Misuse of Liberty or New Adverse Facts, Not Mere Failure of Co-Accused to Repay.

The Ahmedabad Peoples Cooperative Bank Ltd. (in liquidation) filed three criminal revision applications under Section 397 read with Section 401 of the...

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Bombay High Court Acquits Appellant in Section 411 IPC Case for Lack of Proof of Guilty Knowledge. Conviction for Dishonest Receiving of Stolen Property Set Aside as Prosecution Failed to Establish That Appellant Knew Property Was Stolen.

The appellant, Sharad Mahadev More, was convicted by the Additional Sessions Judge, Greater Mumbai, for an offence punishable under Section 411 of the...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Accused failed to rebut presumption of legally enforceable debt or liability.

The petitioner, Smt. Megha M Padavalkar, was convicted by the JMFC (II Court), Karwar in C.C. No. 540/2008 for the offence under Section 138 of the Ne...

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Bombay High Court Quashes Order Refusing Discharge in Murder Case for Lack of Prima Facie Material. Call Detail Records and Belated Contradictory Witness Statement Held Insufficient to Frame Charge Under Sections 302, 201, 212 of Indian Penal Code, 1860.

The case arose out of a criminal revision application filed under Section 397 of the Code of Criminal Procedure, 1973, challenging an order dated 24 A...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...