Search Results for "notice under section 34(1)"

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Search Results for "notice under section 34(1)"

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Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

15 Nov 2024

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

High Court

Bombay High Court Quashes Direction to Register FIR Against Father of Victim in POCSO Acquittal Case — Lack of Jurisdiction and Non-Compliance with Section 340 CrPC. The court held that the trial court's direction to register an FIR for perjury without following Section 340 CrPC procedure is illegal and without jurisdiction.

11 Aug 2023

The appellant, Mahesh Baburao Dhavale, is the father of a minor victim girl. The accused faced trial in Special Case (POCSO) No. 155 of 2017 for offen...

High Court

Bombay High Court Upholds Conviction of Accused for Rape and Kidnapping of Minor — Testimony of Prosecutrix Found Credible and Corroborated by Medical Evidence. The court held that the evidence of the prosecutrix alone is sufficient for conviction if found trustworthy, and minor inconsistencies do not discredit the prosecution case.

13 Jul 2023

The case pertains to a criminal revision application filed by the accused, Wasim @ Mayabhai Solanki, challenging his conviction and sentence by the le...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of FIR in Forgery Case — Preliminary Inquiry Under Section 340 CrPC Not Mandatory Before Filing Complaint Under Section 195 CrPC. The Court held that the High Court erred in quashing the FIR on the ground that no preliminary inquiry was held and no opportunity was given to the accused, as Section 340 CrPC does not mandate such inquiry or hearing.

26 Feb 2020

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court which had quashed FIR No. ...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in SC/ST Act and IPC Case Due to Unreliable Witnesses and Lack of Corroboration. Acquittal of accused for offences under Section 3(1)(xi) of SC & ST (Prevention of Atrocities) Act, 1989 and Sections 354, 341 IPC upheld as prosecution failed to prove case beyond reasonable doubt.

7 Feb 2020

The State of Maharashtra filed an appeal against the judgment and order dated 17th March 2003 passed by the 10th Additional Sessions Judge, Pune, acqu...

High Court

High Court of Karnataka Dismisses Shareholder's Application for Official Liquidator Supervision of SARFAESI Sale — Secured Creditor's Right to Sell Under SARFAESI Act Prevails Over Company Court's Supervisory Jurisdiction. The court held that a promoter-shareholder of a company in liquidation cannot seek supervision of the sale of secured assets by a secured creditor under the SARFAESI Act, 2002, as the secured creditor has an independent right to sell without interference from the Company Court.

11 Nov 2016

The applicant, Rashmi Thakeria, a promoter-shareholder of Natural Textiles Private Limited (in liquidation), filed C.A.No.969/2015 seeking a direction...

High Court

Bombay High Court Allows Nestle India's Writ Petitions Challenging Licence Suspension Under Food Adulteration Act — Suspension Order Set Aside for Violation of Natural Justice. The Court held that the Licensing Officer's order suspending the petitioner's licence under Section 32-A of the Prevention of Food Adulteration Act, 1954 was passed without affording an opportunity of hearing, thus violating principles of natural justice.

29 Jun 2012

The petitioner, Nestle India Limited, a public limited company engaged in manufacturing and marketing food products, held a licence under the Preventi...

High Court

Bombay High Court Quashes Chapter Proceedings Against Social Workers for Lack of Material — Notices Under Sections 110(e)(g) and 111 CrPC Set Aside as Based on Stale and Acquitted Cases Without Proximate Connection to Public Order

22 Jun 2011

The petitioners, Dinesh Vitthal Patil and Bharat Vitthal Patil, were social workers and members of a political party residing in Malegaon, Nashik. The...

High Court

Bombay High Court Acquits 18 Accused in Murder Case Due to Unlawful Assembly and Common Object Not Proved — State Appeals Dismissed. Conviction under Sections 302, 307, 143, 147, 148, 149, 324, 326, 427, 504, 506 IPC set aside as prosecution failed to establish common object and individual overt acts.

30 Nov -0001

The judgment pertains to three connected criminal appeals arising from a single incident of murder and rioting. The appellants (original accused nos. ...

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