Search Results for "statutory defences"

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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 "statutory defences"

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High Court

High Court of Bombay Dismisses Appeal of Sugar Factory in Central Excise Duty Dispute — Section 11-D of Central Excise Act, 1944 Applies Even When Exemption Under Section 5-A is Available. The court held that the amount collected as duty from buyers is recoverable under Section 11-D regardless of exemption, and the assessee cannot retain such amount.

8 Sep 2017

The appellant, Jalna Sahakari Sakhar Karkhana Ltd., a sugar factory, filed a first appeal under Section 35-G of the Central Excise Act, 1944, challeng...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Section 462 Cr.P.C. Bars Quashing on Ground of Want of Jurisdiction. Court holds that even if the complaint was filed at a place without territorial jurisdiction, the proceeding cannot be quashed; the proper remedy is to seek return of complaint under Section 201 Cr.P.C.

29 Nov 2012

The petitioner, Madan Motichand Gupta, proprietor of Quick Services, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of ...

High Court

High Court of Karnataka Dismisses Appellant's Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Dated 31.07.2007 Proved and Plaintiff's Readiness and Willingness Established Under Section 16(c) of the Specific Relief Act, 1963.

24 Mar 2016

The appellant-defendant filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

High Court

Bombay High Court Quashes FIR and Charge-Sheet in Insecticide Act Case Due to Lack of Sanction and Invalid Complaint. The court held that the complaint was not filed by a duly authorized Insecticide Inspector and no valid sanction was obtained under Section 31 of the Insecticide Act, 1968.

15 Oct 2025

The applicant, Tajraj s/o Yadorav Chavhan, filed an application under Section 482 of the Criminal Procedure Code seeking quashing of FIR No. 0244/2023...

High Court

Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

29 Jun 2017

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Directed to Pay Compensation First and Recover from Owner for Breach of Policy Terms Due to Invalid Driving License. The court held that the driver of the offending tractor was holding a valid driving license and the burden to prove absence of license lies first on the owner and then on the insurance company.

6 Nov 2020

The case arises from a motor accident claim where the original claimants, legal representatives of the deceased Santosh Chitakalwar, filed an appeal a...

High Court

Special Court at Bombay adjudicates securities scam trial against seventeen accused — Allegations of defrauding Standard Chartered Bank of ₹890 crores through unbacked bank receipts and forged securities. Charges include criminal breach of trust, forgery, and conspiracy under the Indian Penal Code and trial conducted under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992.

30 Jan 2019

The case arose from the 1991-92 securities scam that affected the Indian economy. The Standard Chartered Bank (SCB) had an Investment Banking Division...

High Court

Bombay High Court Allows Appeal of Legal Representatives in Motor Accident Claim — Insurer Liable Under Personal Accident Cover for Owner-Driver. Section 163-A of Motor Vehicles Act, 1988 does not bar claim for personal accident cover when insured dies while driving own vehicle.

29 Sep 2020

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nagpur, dated 6th February 2020, which dismissed a claim petition filed by th...

Supreme Court

Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

10 May 2019

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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