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Whether court can issue process in cheque dishonour case only on the basis of affidavit of complainant?

 ALLAHABAD HIGH COURT Case :- APPLICATION U/S 482 No. – 14051 of 2008 Applicant :- Virendra Kumar Sharma Opposite Party :- State of U.P. and Another Hon’ble Sameer Jain,J. Order Date :- 8.12.2021 Case called out in the revised list. Despite service of notice, none…

Bombay HC has deprecated the practice of pronouncing Judgments in appeal against conviction in absence of the accused and then directing the trial court to issue the warrant against him

Bombay High Court JUSTICE Smt. Vibha Kankanwadi Fazal Khalil Ahemad Shaikh Vs. Nandkishor Ramnivasji Agrawal Anr. CRIMINAL APPLICATION NO. 2743 OF 2019 12th June 2020 Citation: 2020 NearLaw (BombayHC Aurangabad) Online 1582 1. Present application has been filed by the original accused for suspension of substantive…

Family courts can’t Insist on Personal Presence of Parties at the Time of filing even for Mutual Consent Divorce

High court of Karnataka CJ & SVSJ: 03.06.2020 W.P.No.7338/2020 (through video conferencing) 1. With the assistance of the learned counsel who are present today and who were present on the last date, we have gone into two issues which have great deal of relevance in…

Whether prosecution for dishonour of cheque filed by Unregistered partnership firm is maintainable?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH CRIMINAL APPLICATION (APPA) NO. 748 OF 2018 Narendra s/o Amarnathji Kalda, aged 46 years, Proprietor of M/s. Mata Sherawali Transport, R/o Shastrinagar, Chandrapur…. APPLICANT(Ori. Complainant) Versus Balbirsingh s/o Motisingh Chawhan, aged 60 years, R/o Madhuban…

Whether court should permit parties to adduce evidence if there is allegation that mediation settlement was obtained by force?

IN THE HIGH COURT OF DELHI Crl. M.C. No. 2498/2014, Decided On: 09.02.2015 Manoj Chandak Vs. Tour Lovers Tourism (India) Pvt. Ltd. and Ors. Hon’ble Judges/Coram: Sunil Gaur, J. 1. In the above captioned two petitions, petitioner has filed complaints under Section 138 of The Negotiable…

Whether agreement entered in mediation can be used as evidence in criminal case?

IN THE HIGH COURT OF KERALA Crl. M.C. No. 1864 of 2014 Decided On: 10.07.2014 Sreelal Vs. Murali Menon Hon’ble Judges/Coram: K. Ramakrishnan, J. 1. This is an application filed by the petitioner, who is the complainant in C.C. No. 4202 of 2009 on the…

When court should reject application for referring cheque to handwriting expert in cheque dishonour case?

IN THE HIGH COURT OF BOMBAY AT GOA Criminal Writ Petition No. 132 of 2015 Decided On: 09.01.2018 The Quepem Urban Co-op. Credit Society Vs. Seby Noronha and Ors. Hon’ble Judges/Coram: C.V. Bhadang, J. Citation: 2018(6) MHLJ 263 1. The challenge in this petition under…

Whether Criminal Appeal can be dismissed for non compliance of interim order passed in said proceeding?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Criminal Revision Application No. 251 of 2017 and Criminal Application No. 5513/2017 in Cri. R.A. No. 251/2017 Decided On: 17.11.2017 Motiram Deoram Patil Vs. Gulabrao Jagannath Patil and Ors. Hon’ble Judges/Coram: P.R. Bora, J. Citation: 2018(5) MHLJ…

Whether complaint for dishonour of cheque filed by unregistered partnership firm is maintainable?

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No. 140 of 2018 Judgment Reserved on: 04.09.2018 . Date of decision : 11.09.2018. M/s Uttam Traders Ranghri …Appellant Versus Tule Ram alias Tula Ram …Respondent. Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge….

SECTION 473 explained with 498a IPC example

SECTION 473 OF THE CODE The provisions of Section 473 of the Code may be considered from two angles-one substantive and the other procedural. On the substantive aspect it will be useful to compare and contrast the language of two analogus provisions in Section 5…

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