Search Results for "Summary Procedure"

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High Court of Karnataka Quashes Sessions Judge's Order Directing Conversion of Summary Trial to Warrant Case in NI Act Proceedings — Section 143 NI Act Provides Sufficient Power to Magistrate Without Formal Conversion

The petitioner, Mahendra Kumar, filed a petition under Section 482 CrPC challenging an order dated 27.01.2018 passed by the LXVI Additional City Civil...

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Bombay High Court Allows Withdrawal of Deposited Amount in Summary Suit for Recovery of Debt. Plaintiff entitled to withdraw amount deposited by defendant as condition for leave to defend, subject to furnishing security.

The plaintiff, SKF India Ltd., filed a summary suit against the defendant, Banarasi Lal Madan, for recovery of Rs. 1,28,80,060.87 based on invoices, a...

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Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

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High Court of Bombay at Goa Corrects Classification of Police Report in Vehicular Accident Case Where Accused Died. Court Holds That When Case Is True and Detected but Accused Expired, Report Should Be Closed as Abated, Not as A-Abated Summary Under Bombay Police Manual, 1959.

The petitioner, mother of the deceased motorcycle rider Antonio Loreto Nascimento Da Costa, filed a criminal writ petition under Section 482 of the Co...

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High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

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High Court of Bombay at Aurangabad Dismisses Army Gunner’s Challenge to Dismissal for False Enrolment Answer. Summary Court Martial Conviction for Wilful False Statement Under Section 44 of Army Act Not Interfered With in Limited Judicial Review.

The petitioner, a former Gunner Soldier, filed a writ petition challenging the order of Summary Court Martial dated 23 July 2001 and the subsequent di...

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Bombay High Court Allows Applicant's Petition Under Section 482 CrPC to Quash FIR in Land Dispute — Dispute Held Civil in Nature. Criminal proceedings for trespass, mischief, and criminal intimidation quashed as abuse of process where land ownership and possession were civil issues.

The applicant, Satyanarayan Bisanlal Agarwal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

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Bombay High Court Upholds Decree in Summary Suit Based on Dishonoured Cheque — Insufficient Funds Endorsement Establishes Liability Under Negotiable Instruments Act. Directors of Company Held Jointly and Severally Liable for Cheque Amount with Interest.

The respondent, M/s S.P. Fabritech, filed a summary suit (Regular Civil Suit No.58 of 2011) against the appellants, M/s Aarti InfraProjects Pvt. Ltd. ...