Search Results for "fraud/misrepresentation"

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Search Results for "fraud/misrepresentation"

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High Court

Gujarat High Court Allows Petition of Daily Wagers Against Recovery of Excess Salary. Recovery Order Quashed as Arbitrary Under Article 226 of Constitution of India for Payments Made Under Government Resolution Without Misrepresentation.

23 Feb 2026

The petitioners, nine daily wagers employed with the respondent State of Gujarat, challenged a recovery order dated 04/02/2013 (No.113 of 2013) seekin...

High Court

Court Quashes Recovery of Educational Allowance from Clerk with Disabled Child. Three-Year Delay and Lack of Misrepresentation Cited in Favor of Petitioner Challenging CCP Memorandum

8 Jul 2024

A petitioner challenged a memorandum issued by the Corporation of the City of Panaji (CCP) seeking to recover Rs.48,000/- paid as Children’s Educati...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Notice to Reopen Caste Validity Certificates — Committee Lacks Power of Review in Absence of Statutory Provision. The court held that the Scheduled Tribe Certificate Scrutiny Committee has no inherent power to review its own orders granting tribe validity certificates, and quashed the notice dated 13 March 2023.

3 May 2023

The petitioners, ten individuals belonging to the Umbarje family, had obtained Scheduled Tribe validity certificates from the Scrutiny Committee. Subs...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Co-operative Society Recovery Proceedings — Petitioner Failed to Exhaust Statutory Remedy of Appeal Under Section 154 of Maharashtra Co-operative Societies Act, 1960. The court held that writ jurisdiction under Article 226 is not ordinarily exercisable when an alternative statutory remedy is available and no exceptional circumstances exist.

7 Mar 2018

The petitioner, Manisha Bijal Shah, filed two writ petitions under Article 226 of the Constitution of India challenging recovery proceedings initiated...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Dismisses Petition Challenging Invalidation of Thakur Scheduled Tribe Certificates. The court held that the Scrutiny Committee correctly applied the area restriction under the Constitution (Scheduled Tribes) Order, 1950, and the petitioners failed to discharge the burden of proving residence in the specified localities.

19 Oct 2015

The petitioners, Sanjay Bajirao More and Sharad Gulab More, challenged a common order dated 28 May 2015 passed by the Scheduled Tribe Certificate Scru...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established.

8 Jan 2014

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside o...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

24 Mar 2006

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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