Search Results for "summons quashed"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "summons quashed"

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High Court

Bombay High Court Dismisses Petition Challenging Reference to Arbitration in Commercial Suit — Right to File Section 8 Application Not Forfeited Despite Expiry of Time for Written Statement. The court held that a defendant who gets an ex-parte decree set aside can still apply for arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, as the application was filed before submitting the first statement on the substance of the dispute.

26 Sep 2024

The petitioner, RBL Bank Ltd., filed a Commercial Suit No. 100234 of 2022 against the respondents for recovery of a deposit amount paid under a Leave ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Purely Civil Nature of Dispute — Non-Payment of Dues Does Not Attract Criminal Breach of Trust Under Section 406 IPC.

3 Sep 2024

The Supreme Court allowed the appeal filed by Delhi Race Club (1940) Ltd. and its office bearers against the order of the Allahabad High Court which h...

High Court

Bombay High Court Quashes Process Against Accused in SC/ST Act Case Due to Lack of Specific Allegations and Non-Compliance with Section 438 CrPC. Court held that the complaint lacked specific allegations of caste-based insult and the Magistrate failed to conduct a preliminary inquiry as required under Section 438 CrPC before issuing process.

4 May 2023

The petitioners, original accused persons, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 CrPC ch...

High Court

Bombay High Court Quashes ED Summons Issued Under PMLA to Accused in Predicate Offence Cases — Summons Under Section 50 PMLA Cannot Be Issued to Persons Not Named in ECIR or Arrested Under PMLA

23 Feb 2023

The petitioners, Naresh Goyal and Anita Naresh Goyal, filed two separate criminal writ petitions under Article 226 of the Constitution of India and Se...

Supreme Court

Supreme Court Allows Complainant in Negotiable Instruments Act Case by Reversing High Court's Quashing of Cognizance. Authorized Representative's Complaint Held Competent Under Section 142 as Payee Company Filed Through Knowledgeable Manager, Despite Lack of Explicit Averments, Restoring Magistrate's Order.

22 Feb 2022

The dispute arose from a cheque dishonour case under the Negotiable Instruments Act, 1881. The appellant company, as payee, filed a complaint under Se...

High Court

Karnataka High Court Allows Revision Petition, Quashes Summons Against Accused in Dowry Harassment Case Due to Lack of Specific Allegations. The court held that summoning accused without specific allegations in complaint or charge sheet is an abuse of process of law under Section 397 CrPC.

8 Sep 2021

The petitioners, who were accused Nos.2, 3, 6 and 7 in C.C.No.51/2014 pending before the JMFC, III Court, Davanagere, filed a criminal revision petiti...

High Court

Bombay High Court Quashes Complaint in NI Act Case for Lack of Vicarious Liability — Petitioner Not a Director or Signatory. Section 141 of Negotiable Instruments Act, 1881 requires specific averments of role and consent for vicarious liability of company officers.

19 Jul 2019

The petitioner, Sidharth Chauhan, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal P...

High Court

High Court of Karnataka Quashes Summons Against Additional Accused in Dowry Death Case for Lack of Prima Facie Evidence. Section 319 Cr.P.C. summons set aside as no specific overt acts alleged against petitioners in charge sheet.

30 Mar 2016

The petitioners, arrayed as additional accused nos. 3 to 6 in S.C. No. 2/2013, filed a criminal revision petition under Section 397 Cr.P.C. challengin...

High Court

Bombay High Court Allows Revision Petition in Cheque Dishonour Case — Limitation Period for Filing Revision Computed from Date of Knowledge of Process Order. The court held that the period of limitation under Section 397 CrPC runs from the date of knowledge, not the date of the order, and directed the Sessions Judge to register the revision.

14 Mar 2011

The petitioner, Praful Mulchand Jain, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by respondent no...

High Court

Bombay High Court Allows Amendment of Plaint in Possession Suit Despite Delay — Correction of Property Description Not Prejudicial. Mere delay in seeking amendment is not a ground for rejection if no prejudice is caused and amendment is necessary for just adjudication under Order VI Rule 17 CPC.

15 Jan 2010

The petitioners, original plaintiffs, filed a suit in 1999 against the respondent for possession of a room situated in a chawl in Mumbai. In August 20...

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