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Bombay High Court Allows Leave to Appeal in Cheque Dishonour Case Where Complaint Was Dismissed for Want of Prosecution — Magistrate's Order Set Aside as Complainant's Absence Was Not Deliberate.

The appellant/complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent/accused for dishonour of...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Bombay High Court Dismisses Wife's Appeal in Divorce Case on Grounds of Cruelty and Desertion. Wife's refusal to cohabit and emotional abandonment constituted mental cruelty and desertion under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.20...

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Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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Bombay High Court Dismisses Writ Petition Challenging Inquiry Under MCS Act — Inquiry Valid Despite Non-Compliance with Section 83 Notice Requirements. Court holds that Section 84 inquiry can be initiated without prior notice under Section 83 when there is a prima facie case of mismanagement.

The petitioner, Jayprakash Sahakari Griha Rachana Sanstha Mrt., a society registered under the Maharashtra Co-operative Societies Act, 1960 (MCS Act),...

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Bombay High Court Quashes Section 138 NI Act Complaint Against Directors Due to Lack of Specific Averments of Vicarious Liability. Complaint against directors quashed as complaint lacked specific allegations of their role in company's conduct.

The applicants, K & K Foundry Pvt. Ltd. and its two directors, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking ...

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Bombay High Court Quashes Criminal Proceedings Against Bank Officials in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors/Officers Not Liable for Offences Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations of Role in Transaction.

The case involves three criminal writ petitions filed by directors and officers of the Sangli District Primary Teachers Co-operative Bank Ltd. seeking...