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Search Results for "Nitinbhai case"

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High Court

Gujarat High Court Quashes FIR in Money Lending and Criminal Intimidation Case Due to Settlement. The court held that private disputes settled amicably between parties warrant quashing of criminal proceedings under Section 528 BNSS.

2 Mar 2026

The applicant, Ghelubha Juvansinh Zala, filed a criminal miscellaneous application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. The court upheld the concurrent findings of the trial and appellate courts that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881.

5 Dec 2022

The petitioner, M/s. Pradhan Mercantile Pvt. Ltd., filed a complaint under Section 200 Cr.P.C. against the respondents, M/s. Virgin Apparels and its p...

Supreme Court

Supreme Court Allows Appeal in Land Dispute Case — Holds Magistrate Can Order Further Investigation Post-Cognizance Under Section 173(8) CrPC. The Court clarified that the power to order further investigation is not extinguished by filing of charge-sheet or taking of cognizance, and can be exercised before commencement of trial.

16 Oct 2019

The case arises from an FIR lodged on 22.12.2009 by Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai B...

High Court

Bombay High Court Allows Petition in NI Act Case — Remand for De Novo Trial Quashed. Trial Conducted as Summons Case, Not Summary Trial, Hence No Prejudice to Accused Under Section 143 of Negotiable Instruments Act, 1881.

7 Nov 2017

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Sessions...

High Court

Bombay High Court Allows Petition Challenging De Novo Trial Order in NI Act Case — Trial Conducted as Summons Case, Not Summary Trial. The court distinguished Nitinbhai Saeed Ahmad v. Manubhai Manjibhai Panchal and held that de novo trial was not warranted when the trial was conducted as a summons case under Section 138 of the Negotiable Instruments Act, 1881.

9 Jul 2015

The petitioner, Sukhdeo Ganeshram Tardeja, filed a criminal writ petition challenging the revisional order dated 13.02.2014 passed by the Sessions Jud...

High Court

Bombay High Court Allows Writ Petition Challenging Sessions Court's Order for De Novo Trial in NI Act Case — Held That Section 326 CrPC Permits Successor Magistrate to Continue from Stage of Predecessor Without De Novo Trial

8 May 2014

The petitioner, Quazi Syed Salahuddin, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, challenging an order dated 18...

High Court

Bombay High Court Allows Withdrawal of Complaint in Negotiable Instruments Act Case — Costs Imposed as Condition Precedent. Applicant permitted to withdraw criminal complaint under Section 138 of Negotiable Instruments Act, 1881 subject to payment of costs directed earlier.

11 Apr 2014

The case involves a criminal application filed by Smt. Sumedha w/o Sunil Chitpur @ Sumedha d/o Vithalrao Shinde, an advocate by profession, seeking wi...

High Court

Bombay High Court Allows Applicant in Negotiable Instruments Act Case, Holding Change of Magistrate Does Not Automatically Require De Novo Trial in Summary Cases Tried as Summons Cases. The Court Followed Precedents That Distinguish Between Summary and Summons Trial Procedures, Directing Continuation from Prior Stage.

10 Feb 2014

The present criminal application was filed by the applicant, Ganpatrao Mahadeorao Kapse, against the non-applicant, Rajiv Bhupendranath Sidhra, challe...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Quashes De Novo Trial Order in NI Act Case — Trial Not Conducted as Summary Case, No Need for De Novo Trial. The trial court misconstrued the ratio of Nitinbhai Saevatilal Shah v. Manubhai Manjibhai Panchal and erred in ordering de novo trial under Section 138 of the Negotiable Instruments Act, 1881.

30 Jul 2013

The applicant, Roopchand Daryanomal Jani, was the complainant in Summary Case No. 4271/2008 pending before the 23rd J.M.F.C. & Spl Court for offences ...

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