Search Results for "statutory defences"

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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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "statutory defences"

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High Court

High Court of Judicature at Bombay Considers Winding Up Petition Based on Alleged Debt Arising Out of F&O Trades; Respondent Disputes Liability and Raises Counter-Claim for Damages

28 Jun 2016

This company petition sought winding up of Prime Broking Company (India) Ltd under the Companies Act, 1956 on the ground of inability to pay debts. Th...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Hears Challenge to Disqualification Show Cause Notices Under Maharashtra Municipal Council Act. The court examined allegations of natural justice violation and constitutional autonomy of local bodies, but final decision is not available in the provided excerpt.

31 Oct 2018

The petitioners, nine municipal councillors and the vice president of Beed Municipal Council, filed a writ petition before the Aurangabad Bench of the...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

4 Oct 2019

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

High Court of Karnataka Partly Allows Appeal in Motor Accident Claim; Holds Insurer Liable to Pay and Recover for Violation of Policy Condition Regarding Hazardous Goods Endorsement. The Court Reassessed Compensation Applying the Principle of Pay and Recover and Enhanced Amounts Under Loss of Dependency and Conventional Heads.

16 Jun 2020

The appeal arose from a motor accident claim filed by the widow, parents, and minor daughter of the deceased B.S. Thippeswamy. On 2 July 2012, the dec...

High Court

Bombay High Court Allows Accused's Cross-Examination in NI Act Case - Right Under Section 145(2) Not Conditional on Written Statement. The court held that the accused's right to cross-examine the complainant under Section 145(2) of the Negotiable Instruments Act, 1881 is absolute and not dependent on filing a written statement, setting aside the trial court's rejection order.

9 May 2023

The petitioner, Rakesh Singh, filed two criminal writ petitions challenging the order dated 07/10/2023 passed by the trial court in two complaints und...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Debt Recovery Tribunal Has Exclusive Jurisdiction Under RDDB Act, 1993, and Arbitration Clause Cannot Oust It.

8 Mar 2016

The Bombay High Court dismissed a writ petition filed by Harvestdeal Securities Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRA...

High Court

Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

23 Jun 2023

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Dispute as to Existence of Debt. Disputed invoices and lack of proper demand notice under Section 434 of Companies Act, 1956 render winding up proceedings unsustainable.

17 Apr 2015

The appeal arose from an order of the learned Single Judge dated 23 February 2015 admitting a company petition for winding up filed by the respondent,...

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