Search Results for "averment"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "averment"

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High Court

Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

12 Aug 2011

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

High Court

Bombay High Court Allows Exclusion of 1854 Days for Filing Challenge to MSME Award Due to Bona Fide Prosecution in Wrong Forum and COVID-19. Period from 5 April 2017 to 1 November 2022 excluded under Section 14 of Limitation Act, 1963 read with Section 34(3) of Arbitration and Conciliation Act, 1996.

20 Dec 2023

The applicant, Bharat Electronics Limited, filed an Interim Application seeking exclusion of 1854 days from 5 April 2017 to 1 November 2022 for comput...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Medical Billing Dispute — Allegations of Cheating and Criminal Breach of Trust Found Baseless as Billing Error Was Inadvertent and Refund Offered. The Court held that the ingredients of Sections 405, 420, and 120B IPC were not satisfied, and the dispute was civil in nature.

12 May 2026

The present appeals arose from a complaint filed by the second respondent (complainant) regarding the medical treatment of his mother at Narayana Mult...

High Court

High Court of Bombay at Goa Quashes Criminal Proceedings Against Accused in Cheating and Misappropriation Case – Complaint Found Malicious and Not Disclosing Essential Ingredients of Offences. The court ruled that where a dispute over security cheques stemmed from a commercial transaction and no individual role was attributed to the directors, no prima facie case under Sections 403 and 420 IPC existed, and prosecution was an abuse of process (Paras 11-13).

11 Feb 2005

The dispute arose from a commercial relationship between a cement manufacturer and its dealer. The dealer, a proprietary concern, had been purchasing ...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Averment of Insufficient Funds. Stop Payment Instructions After Request Not to Present Cheque Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

22 Jul 2019

The petitioner, Manisha Salekar, filed a criminal writ petition challenging the order dated 17.12.2018 passed by the Additional Sessions Judge, Kalyan...

High Court

Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Perversity. The Court held that the lower appellate court failed to consider material evidence and the issue of adverse possession, leading to a miscarriage of justice under Section 100 of the Code of Civil Procedure, 1908.

29 Nov 2016

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land bearing Gat No...

High Court

Bombay High Court Dismisses HPCL's Challenge to Residential Complex Near Refinery; Upholds Permissions and Finds No Merit in Challenge to D.C. Regulations

12 Apr 2012

This writ petition under Article 226 of the Constitution was filed by Hindustan Petroleum Corporation Ltd., a Government of India enterprise operating...

High Court

Bombay High Court Dismisses Landlord's Revision Against Tenant in Rent Control Eviction Suit — Notice of Demand Must Be Express Under Section 15(2) of Maharashtra Rent Control Act, 1999. Landlord's Failure to Demand Rent in Notice and Tenant's Regular Deposit of Rent in Court Precludes Eviction on Ground of Default.

21 Oct 2024

The case involves a dispute between the original plaintiffs (landlords) and the defendant (tenant) over eviction from a shop premises. The landlords f...

High Court

Bombay High Court Quashes Criminal Proceedings in Central Excise Case Due to Inordinate Delay and Lack of Sanction. Prosecution for Alleged Removal of Scrap Resistors Without Payment of Duty Fails as Complaint Filed After 4 Years and Sanction Under Section 9 of Central Excise Act, 1944 Not Obtained.

14 Dec 2005

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Case No....

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