Search Results for "defective affidavit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "defective affidavit"

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High Court

Bombay High Court Criticizes Superintendent of Police for Filing Defective Affidavit and Directs Fresh Affidavit. Court Observes that Affidavit Was Sworn Unmindfully Without Correcting Errors, Calling It Not Palatable.

6 Aug 2012

The matter came before the High Court of Judicature at Bombay, Aurangabad Bench, in Criminal Writ Petition No. 594 of 2012 filed by Subhash Vitthal Pa...

High Court

Bombay High Court Considers Application for Dismissal of Election Petition for Non-Compliance with Section 83 of Representation of the People Act, 1951. The court examines whether the failure to file an affidavit in Form 25 along with the petition alleging corrupt practices within the 45-day limitation period mandates dismissal under Section 86 or Order VII Rule 11 of the Code of Civil Procedure.

8 Nov 2006

The dispute arose from an election petition filed under Section 80 of the Representation of the People Act, 1951, challenging the election of responde...

High Court

High Court of Judicature at Bombay Decides Two Notices of Motion in Property Trespass Suit Alleging Defective Verification and Improper Institution of Plaint. The Court Examines Whether Plaint Filed by Constituted Attorney Without Personal Knowledge and on Unstamped Power of Attorney Should Be Rejected Under Order VII Rule 11 CPC and Maharashtra Stamp Act.

6 Sep 2019

The suit was filed by Sheikhah Fedi ah Saad Al - Abdullah Al - Sabah against Sanjay Mishrimal Punamiya and others alleging trespass into suit premises...

Supreme Court

Supreme Court Dismisses Appeal in IBC Section 7 Case — Procedural Defect of Affidavit Date Not Fatal. The Court held that a discrepancy between the date of verification and the date of affidavit in a Section 7 application under the Insolvency and Bankruptcy Code, 2016 is a curable defect and does not warrant rejection at the threshold.

24 Nov 2025

The case involves an appeal by Appellant (the corporate debtor) against Respondent (the financial creditor) concerning the rejection of the bank's app...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents. Failure to provide injury certificates and statements of injured witnesses to detenu vitiates preventive detention order under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black Marketing of Essential Commodities Act, 1981.

6 Feb 2024

The petitioner, Firoz Mohammad Shaikh, challenged a detention order dated 27 September 2023 passed by the Commissioner of Police, Pune under Section 3...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Mandatory Requirements of Section 81(3) of the Representation of the People Act, 1951 — Defect in Attestation of Affidavit and Failure to Serve Copy on Returned Candidate Renders Petition Void.

20 Nov 2025

The present matter arises out of an election petition filed by Sulakshana Raju Dhar (the petitioner) challenging the election of Anna Dadu Bansode (Re...

High Court

Bombay High Court Allows Expungement of Irrelevant Portions from Affidavit of Examination-in-Chief in Testamentary Suit — Irrelevant and Prejudicial Statements Struck Out to Ensure Fair Trial. The court held that portions of an affidavit that are not relevant to the issues in the suit and are likely to prejudice the trial must be expunged under the Indian Evidence Act, 1872.

10 Jun 2014

The applicant, Mrs. Mahabanoo Navroz Kotwal, filed a testamentary petition for probate of the alleged last Will and Testament of Nergish Keki Cassad, ...

High Court

Bombay High Court Allows Appeal in Summary Suit Due to Defective Summons — Form 4 Instead of Form 4-A Under Order XXXVII CPC Renders Service Invalid. The court held that the summons must strictly comply with the prescribed form and failure to do so vitiates the service and the consequent decree.

6 Dec 2005

The appellant, Ramesh Shende, was the defendant in a summary suit filed by the respondent, Narayan Wakodikar, under Order XXXVII of the Code of Civil ...

High Court

Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judic...

Supreme Court

Supreme Court Dismisses Election Petition on Technical Grounds Due to Absence of Mandatory Affidavit for Corrupt Practice Allegations. The High Court had allowed dismissal application under Section 86(1) of Representation of People Act, 1951, finding total non-compliance with proviso to Section 83(1) requiring Form 25 affidavit when petition alleged corrupt practices under Sections 123 and 100.

13 Dec 2021

The dispute arose from an election petition filed by the appellant, a candidate from the 16 Hassan Parliamentary Constituency in the 2019 elections, c...

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