Search Results for "futility"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "futility"

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High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Appellants' Application Under Order 21 Rules 97, 98, 101 CPC Rejected by Executing Court Set Aside. Court Holds That Executing Court Must Determine Rights of Third Parties Claiming Independent Possession Under Order 21 Rule 101 CPC Before Confirming Sale.

19 Sep 2022

The present appeal was filed by the appellants, who were the legal heirs of the original judgment-debtor, Hiranappa (since deceased), and other family...

High Court

High Court of Karnataka Quashes Executing Court's Orders on Stamp Duty Calculation for Arbitration Award Execution. Stamp duty on award under Article 11(b) of Karnataka Stamp Act, 1957 is payable on principal amount only, not on interest and costs.

27 Jun 2022

The petitioner, Shriram City Union Finance Ltd., a finance company, had initiated arbitration proceedings against the respondents for recovery of an o...

High Court

High Court of Karnataka Quashes POCSO Proceedings Against Husband in Marital Rape Exception Case — Consent and Marriage Valid Despite Victim Being Minor. The court held that continuing prosecution under Sections 366, 376 IPC and POCSO Act would be an abuse of process when the victim voluntarily married the accused and lived as his wife, as per her Section 164 CrPC statement.

28 Oct 2021

The petitioners, Anil Venkappa Kushalkar and his wife Surekha, filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in Spe...

High Court

High Court of Karnataka Quashes FIR and Government Order in Admission Irregularity Case — Lack of Sanction Under Section 197 CrPC. Petitioner, a former government employee, alleged to have committed irregularities in student admissions; court held that prior sanction was mandatory as the acts were in discharge of official duty.

27 Jul 2021

The petitioner, Mr. A.L. Jayaramu, a former Assistant Administrative Officer in the Government Unani Medical College, Bengaluru, filed a writ petition...

High Court

High Court of Karnataka Quashes Proceedings Against Absconding Accused in Counterfeit Currency Case — Co-Accused Acquitted, No Prima Facie Case. Petitioner Madhu @ Madhu Gowda, arraigned as Accused No.2 in Cr.No.263/2016 for offences under Sections 489A, 489B, 489C, 489E, 420, 417 r/w 34 IPC, sought quashing of proceedings after co-accused were acquitted in trial.

23 Nov 2020

The petitioner, Madhu @ Madhu Gowda, was arraigned as Accused No.2 in Crime No.263/2016 registered by Girinagar Police Station, Bangalore, for offence...

High Court

High Court Dismisses Writ Petition Challenging Rejection of Application Under Section 193 IPC in Disposed Matter. Tribunal Becomes Functus Officio After Final Order; Application Under Section 193 IPC Not Maintainable After Conclusion of Proceedings.

10 Jul 2020

The petitioner, Rama Krishna, an ex-workman of SAIL-VISP, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging th...

High Court

High Court of Karnataka Allows Writ Appeal in Municipal Tax Revision Case — Notice Set Aside for Non-Compliance with Section 147 of Karnataka Municipalities Act, 1964. The court held that the Commissioner's notice revising property tax was invalid as it failed to provide a mandatory opportunity of hearing to the petitioner before revision.

12 Feb 2020

The appellant, Smt. R. Sharada, filed a writ appeal against the order of a learned Single Judge dismissing her writ petition challenging a notice date...

High Court

High Court of Karnataka Quashes Charge Sheets Against Cooperative Society and Chairman in CBI Bank Fraud Case — Lack of Sanction Under Section 197 CrPC and Section 155(2) of Companies Act Renders Prosecution Invalid. The court held that prosecution for offences under the Companies Act requires prior sanction under Section 155(2), and in its absence, the charge sheets are liable to be quashed.

20 Feb 2019

The petitioners, M/s. Ghataprabha Sahakari Sakkare Karkhane Niyamit (a cooperative society) and its Chairman, Lakhan Laxmanrao Jarkiholi, filed two wr...

High Court

Bombay High Court Quashes FIR Against Wife in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Absence of Criminal Intent. The court held that mere presence and alleged pouring of kerosene without further overt act or evidence of intent did not constitute an attempt to murder under Section 307 IPC or house-trespass under Section 450 IPC.

27 Mar 2017

The applicant, Savita Manish Chaudhari, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by speed post but not delivered to the accused's correct address, failing to meet the requirements of Section 138 of the Negotiable Instruments Act, 1881.

24 Feb 2017

The applicants, who are the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application before the ...

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