Search Results for "Section 38(6)"

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Bombay High Court Hears Writ Petition by Co-operative Housing Society Seeking Full Deemed Conveyance Under MOFA. Petition Challenges Partial Grant of Deemed Conveyance, Excluding Chawl and Access Areas, Citing Incomplete Consideration of Agreements.

The petitioner, a co-operative housing society registered in 1971, filed a writ petition under Article 226 of the Constitution of India challenging th...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Witnesses and Incomplete Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

The judgment concerns five criminal appeals filed by multiple appellants against their conviction under Section 302 read with Section 34 of the Indian...

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Bombay High Court Allows Insurance Company to Recover Compensation Paid Under Motor Vehicle Act Despite Policy Breach — Insurer Can Be Directed to Pay Third Parties but Has Right to Recover from Owner for Violation of Policy Conditions.

The case involves three first appeals filed by United India Insurance Company Limited against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...