Search Results for "Section 29(2)"

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NCLAT Chennai Dismisses Appeals Against CIRP Initiation by State Bank of India for Non-Payment of Loan Guarantee. Personal Guarantors' Appeals Dismissed as Withdrawn, Upholding Adjudicating Authority's Order Admitting Section 95 Application Under IBC.

The National Company Law Appellate Tribunal (NCLAT) Chennai bench heard four connected appeals filed by personal guarantors—Ajay Agarwal, Ashok Agar...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Appellant Society Failed to Establish Loan Agreement and Outstanding Amount Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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Bombay High Court Acquits Police Constable in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The appellant, Jivandhar S/o Govindrao Katke, was convicted by the Special Judge (A.C.), Aurangabad in Special Case No. 6/1994 for offences under Sect...

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Bombay High Court Quashes Charges Against Accused in Obscene Material Case — No Prima Facie Case Under Section 292 IPC for Possession of Obscene Books Without Evidence of Sale or Distribution. Alleged Offences Under Section 292 IPC and IT Act Fail as Material Not Obscene and No Mens Rea Established.

The petitioner, Jeevan Govrdhan Band, was accused no.2 in R.C.C. No. 833 of 2011 pending before the Judicial Magistrate, First Class, Beed, arising ou...

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Bombay High Court Reduces Sentence in Rash Driving Case Due to Mitigating Circumstances — Concurrent Findings of Guilt Under Sections 279, 304-A, 337, 338 IPC and Section 184 MV Act Upheld but Sentence Modified to Period Already Undergone.

The applicant, Deepak Babusing Pardeshi, was convicted by the trial court and the appellate court for offences under Sections 279, 304-A, 337, 338 of ...