Search Results for "notice under Section 25(3)"

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Search Results for "notice under Section 25(3)"

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Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Forest Land Dispute — Non-Compliance of Section 114(A) Notice Not Fatal at Threshold Stage. Notice under Section 114(A) of Karnataka Forest Act, 1963 is procedural and not a bar to maintainability of suit for declaration and injunction.

24 Nov 2021

The appellants, Sidramayya and Roopa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and...

High Court

Bombay High Court Quashes Search and Seizure Conducted by Karnataka Police in Maharashtra Without Jurisdiction — Warrant Issued by Magistrate Outside Territorial Limits Invalid Under CrPC. The court held that a Magistrate cannot issue a search warrant for execution outside his territorial jurisdiction without following Sections 78 or 79 of the Code of Criminal Procedure, 1973, and the seizure based on such invalid warrant is illegal.

7 May 2021

The petitioners, traders in Nagpur, Maharashtra, challenged the seizure of rice bags from their godowns by the Karnataka Police (respondent No.1) acti...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

High Court

Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

22 Aug 2019

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

High Court

Bombay High Court Allows Writ Petition Challenging Appointment of Authorised Officer Under Section 77A of MCS Act — Appointment Quashed for Non-Compliance with Statutory Procedure and Natural Justice. The court held that the power under Section 77A of the Maharashtra Co-operative Societies Act, 1960, to appoint an authorised officer must be exercised after issuing a show cause notice and affording an opportunity of hearing to the society, and the order must be a reasoned one.

14 Aug 2019

The petitioners, members of the Deonar Industrial Premises Co-operative Society Limited, challenged the appointment of Respondent No. 3, Ganesh Gosavi...

High Court

Bombay High Court Allows Contempt Appeal, Sets Aside Conviction for Willful Disobedience of Court Order in Land Dispute. Appellants Held Not Guilty of Contempt as Order Was Ambiguous and Compliance Was Not Willfully Disobeyed.

22 Jul 2010

The case arises from a contempt appeal under Section 19 of the Contempt of Courts Act, 1971, filed by Tejram, Laxman, and Ramu Hazare (appellants) aga...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

High Court

Bombay High Court Allows Petitions Challenging Externment Orders for Lack of Material and Non-Compliance with Natural Justice. Externment orders under Section 56 of Bombay Police Act, 1951 quashed as based on insufficient material and without supplying documents.

30 Nov -0001

The judgment concerns multiple criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the ...

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