Search Results for "Summary Procedure"

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Search Results for "Summary Procedure"

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High Court

Bombay High Court Directs Conditionally Leaves to Defend for Guarantors in Summary Suit, Rejecting DRT Jurisdiction and IBC Moratorium Claims. A Non-Banking Financial Institution's Summary Suit Against Guarantors is Maintainable Under Order XXXVII CPC, and Section 14 IBC Moratorium Does Not Bar Proceedings Against Guarantors.

28 Nov 2017

The plaintiff, a non-banking financial institution, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against two guarantor...

High Court

Bombay High Court Quashes Magistrate's Acceptance of 'B' Summary Report Without Notice to Informant in Outraging Modesty Case. Direction Issued for Fresh Decision After Hearing Informant and Allowing Protest Petition, Following Precedent of Bhagwant Singh v. Commissioner of Police.

6 Aug 2018

The applicant, an assistant teacher at Faizul Ulum Urdu Primary School, filed FIR No. 342 of 2016 on 26-07-2016 at Nanalpeth Police Station, alleging ...

High Court

Bombay High Court Allows Application to Reject Suit Due to Arbitration Clause in Commercial Summary Suit. Dispute Referred to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996.

13 Dec 2023

The Plaintiff, M/s Railsys Engineers Private Ltd., filed a commercial summary suit against the Defendants, Overseas Infrastructure Alliance Pvt. Ltd. ...

High Court

Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the appeal by a victim against acquittal is a matter of right and the procedure under Section 384 Cr.P.C. applies, allowing summary dismissal after hearing.

1 Feb 2019

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Cod...

High Court

Bombay High Court Quashes De Novo Trial Order in NI Act Case — Trial Not Conducted as Summary Case, No Need for De Novo Trial. The trial court misconstrued the ratio of Nitinbhai Saevatilal Shah v. Manubhai Manjibhai Panchal and erred in ordering de novo trial under Section 138 of the Negotiable Instruments Act, 1881.

30 Jul 2013

The applicant, Roopchand Daryanomal Jani, was the complainant in Summary Case No. 4271/2008 pending before the 23rd J.M.F.C. & Spl Court for offences ...

High Court

Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review.

26 Sep 2016

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, M...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

High Court

Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

21 Mar 2006

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

High Court

Bombay High Court Allows Summary Judgment in Favor of Asset Managers in Commercial Paper Recovery Suit Despite Pending SICA Appeal. The court held that Section 22 of SICA does not bar recovery suits where BIFR has declined registration, and the defendant failed to raise any triable issue.

5 Feb 2016

The plaintiffs, Pramerica Asset Managers Pvt. Ltd. and others, filed two summary suits against Deccan Chronicle Holdings Ltd. for recovery of Rs. 25 c...

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