Search Results for "Charge Defect"

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Search Results for "Charge Defect"

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High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Food Adulteration Case Due to Defective Charge and Lack of Corroboration. Conviction Set Aside as Prosecution Failed to Prove Essential Link Between Sample and Public Analyst Report Under Sections 16 and 17 of Prevention of Food Adulteration Act, 1954.

23 Jan 2020

The case arose from a complaint filed by a Food Inspector under the Prevention of Food Adulteration Act, 1954, alleging that a sample of soyabean oil ...

High Court

Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judic...

High Court

Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

18 Mar 2010

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...

High Court

Bombay High Court Dismisses Petition by Electricity Distribution Company Challenging Consumer Forum Order Setting Aside Supplementary Bills. Consumer Grievance Redressal Forum Has Jurisdiction Under Section 42(5) of Electricity Act, 2003 to Adjudicate Disputes Regarding Defective Metering and Supplementary Bills.

18 Dec 2018

The Maharashtra State Electricity Distribution Company Limited (MSEDCL) filed a writ petition challenging an order dated 25.03.2017 passed by the Cons...

Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

High Court

Bombay High Court Allows Petition for Alteration of Charge in Criminal Case Due to Defective Framing and Violation of Cr.P.C. Provisions. Non-compliance with Section 239 Cr.P.C. and improper joinder of distinct offences under Sections 212, 218, 219, 220, 223 Cr.P.C. renders charge illegal and liable to be altered.

12 Jan 2018

The petitioners, Bharat Uttam Rajurkar, Mahadev Uttamrao Rajurkar, and Sachin Mahadevrao Rajurkar, filed a Criminal Writ Petition before the Bombay Hi...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

10 Jul 2026

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

High Court

Bombay High Court Allows State Appeal in Corruption Case — Sanction Defect Overruled as Deputy Engineer Had Delegated Authority. Court holds that sanction granted by Deputy Executive Engineer holding additional charge of Executive Engineer is valid under Section 19 of Prevention of Corruption Act, 1988, and acquittal solely on ground of want of sanction is unsustainable.

31 Jan 2024

The State of Maharashtra appealed against the judgment of the Special Judge and Additional Sessions Judge, Jalgaon, dated 02-07-2002, in Special Case ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

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