Search Results for "Section 138"

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High Court denied to Quash Criminal Proceedings Against Applicants in Negotiable Instruments Act

The High Court of Bombay heard three consolidated criminal applications challenging the dismissal of revision applications against issuance of process...

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High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Under Negotiable Instruments Act, 1881 -- Appellant Appeal Against State of Maharashtra and Others Fails -- Acquittal of Respondents Upheld

The High Court dismissed an appeal challenging the acquittal of five accused persons in a cheque dishonour case under Section 138 of the Negotiable In...

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High Court partly allowed Revision Petition in Cheque Dishonour Case -- Conviction Under Section 138 of Negotiable Instruments Act Upheld However order for imposition of cost set aside -- Petitioner Challenge to Conviction and Sentence Fails

The High Court dismissed a criminal revision petition challenging conviction under Section 138 of Negotiable Instruments Act -- The petitioner was con...

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High Court Dismisses Criminal Petition Challenging Cognizance Order in Cheque Dishonour Case - BNSS, 2023 Procedure Not Applicable to Negotiable Instruments Act, 1881 Proceedings

The petitioners challenged the order of taking cognizance in a cheque dishonour case under Section 138 of Negotiable Instruments Act, 1881, contending...

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High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

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High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case -- Delay in Filing Complaint Condoned as Bonafide -- Cognizance Taken Under Section 138 of Negotiable Instruments Act Upheld Despite Procedural Irregularity

The Supreme Court dismissed the appeal filed by S. Nagesh against the Karnataka High Court order that rejected his petition to quash a complaint under...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

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Supreme Court Quashes Criminal Proceedings in Land Dispute Case, Finds Abuse of Process and Civil Nature of Allegations Under Sections 420, 467, 468 IPC

The Supreme Court quashed criminal proceedings against Anukul Singh for offences under Sections 420, 467, and 468 IPC, finding them to be an abuse of ...

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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...