Search Results for "substantial breach"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "substantial breach"

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Supreme Court

Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

9 Aug 2021

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Imposing Bank Guarantee Condition in Summary Suit; Holds Unconditional Leave to Defend is Mandatory When Substantial Defence is Disclosed Under Order 37 Rule 3(5) of Code of Civil Procedure, 1908. Commercial Court's Condition Set Aside as Statute Dictates No Condition for Substantial Defence.

24 Jul 2026

The matter arose from a writ petition under Article 227 of the Constitution of India filed by the defendant in a commercial summary suit, challenging ...

High Court

Bombay High Court Allows State Revisions, Sets Aside Sessions Court's Findings, and Confirms Confiscation of Essential Commodities Under Section 6A of Essential Commodities Act, 1955. Storage of Food Articles at Unauthorised Godowns Without Intimation to Licensing Authority Within 48 Hours Held to be Substantial Breach, Not Technical, Violating Clause 3(2) of Maharashtra Scheduled Commodities Wholesale Dealers' Licensing Order, 1998 and Defeating the Act's Purpose.

16 Aug 2010

The State of Maharashtra filed eleven criminal revision applications before the Bombay High Court against orders of the Sessions Court that had set as...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Railway Contract for Submission of Forged Bank Guarantees. Court upholds termination based on petitioner's failure to provide substantive reply despite multiple opportunities, and holds that writ jurisdiction is not appropriate for disputed questions of fact regarding forgery.

19 Dec 2024

The petitioner, M/s. K. K. Vidyut, a joint venture company, was awarded a contract by the respondents (Union of India and Central Railway officials) f...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Terms — No Willful Disobedience Established as Order Was Ambiguous and Compliance Was Substantial. The court held that ambiguity in the order must be resolved in favor of the alleged contemnor and that contempt requires proof of willful and deliberate disobedience beyond reasonable doubt.

4 May 2026

The contempt petition was filed by Dr. Hari Tulshiram Gholap and Dr. Prabiha Hari Gholap (original plaintiffs) against Shri Jitendra Rajaram Savant an...

High Court

Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

15 Nov 2006

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...

High Court

Bombay High Court Allows Contempt Application Against Respondent for Willful Breach of Injunction Order in Trademark Infringement Suit. Use of 'NOVA MINI' mark and similar artistic work held to be deceptively similar to registered trademark 'NOVA' and artistic work, constituting contempt under Order XXXIX Rule 2A CPC.

13 Jul 2026

The applicant, Dr. Ashok M. Bhat, is the registered proprietor of the trademark 'NOVA' and an artistic work used for brilliantine hair cream. In 2007,...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Sale Dispute Due to Lack of Criminal Intent and Civil Nature of Allegations. The Court held that mere breach of contract does not constitute cheating under Section 415 IPC, and criminal proceedings under Sections 420, 406, 354, 504, and 506 IPC were an abuse of process as the dispute involved non-payment of sale consideration and sale of property at a lower price, which are civil matters.

16 Apr 2025

The Supreme Court addressed a dispute arising from an oral agreement for the sale of a property in Kanpur, Uttar Pradesh, between the appellants (sell...

High Court

Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Contractual Breach Without Deception Does Not Attract Section 420 IPC.

25 Aug 2016

The petitioner, Sussanne Khan, a sole proprietor of a design firm, was engaged by the respondent no. 3, Mudhit Gupta, under a written contract to prov...

High Court

High Court of Karnataka Considers Whether Commercial Dispute Can Give Rise to Criminal Proceedings; Cites Apex Court Precedent on Distinction Between Breach of Contract and Cheating. The Petition Seeks Quashing of FIR Registered Under Sections 406, 420, 120B, and 34 IPC Arising Out of Allegedly Defective Bus Supply, With the Court Examining the Abuse of Process Doctrine.

9 Nov 2022

The matter arose from a commercial dispute between Scania Commercial Vehicles India Pvt. Ltd. (the manufacturer/seller) and K.T. Rajashekar, proprieto...

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