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Search Results for "premature presentation"

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High Court

High Court of Karnataka Allows Revision Petition in Cheque Dishonour Case Due to Premature Presentation — Section 138 NI Act Complaint Quashed as Cheque Presented Before Due Date. The court held that presenting a post-dated cheque before its due date is premature and does not constitute a valid cause of action under Section 138 of the Negotiable Instruments Act, 1881.

23 Jun 2026

The revision petition was filed by the accused against the judgment dated 28.06.2023 in C.C.No.444/2019 passed by the Trial Court and the judgment dat...

High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

High Court

High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

5 Dec 2023

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case: Filing of Complaint Before Expiry of 15-Day Notice Period Is Not Fatal If Cognizance Is Taken After the Period. The Court held that the date of taking cognizance, not the date of filing, determines compliance with Section 138 of the Negotiable Instruments Act, 1881.

22 Oct 2019

The appellant, Rambhau Tulsiram Bhusari, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

High Court

Bombay High Court Allows Writ Petition Challenging Dismissal of Election Petition as Premature — Holds That Election Petition Under Section 21 of Maharashtra Municipal Councils Act, 1965 Can Be Filed Before Notification of Result Under Section 20(4). The court ruled that the election petition challenging the election of a councillor is maintainable even if filed before the formal notification of the result, as the declaration of result is the operative event.

4 Apr 2018

The petitioner, Sameer Janardan Shedge, filed an election petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Indust...

High Court

Bombay High Court Allows Tenant's Writ Petition in Rent Control Eviction Case — Suit Filed Before Expiry of 90-Day Notice Period Under Section 15(2) of Maharashtra Rent Control Act, 1999 Held Without Jurisdiction. The defect of premature filing is not curable and can be raised for the first time in writ petition.

7 Jul 2016

The petitioner, a tenant in premises owned by the respondent, was served with a demand notice under Section 15(2) of the Maharashtra Rent Control Act,...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

28 Aug 2013

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

High Court

Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

25 Jul 2012

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

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