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

High Court of Karnataka Sets Aside Discharge of Managing Director in TDS Non-Remittance Case — Prima Facie Case Made Out Under Section 276B of Income Tax Act, 1961. The Court held that the Trial Court erred in discharging the accused without considering the complaint allegations and documents showing his role as principal officer.

3 Feb 2025

The Income Tax Department filed a complaint under Section 200 of Cr.P.C. alleging that accused No.1 (Company) and other accused, including the respond...

High Court

Bombay High Court Dismisses Election Petition Challenging Lok Sabha Election of Nitin Gadkari for Non-Disclosure of Cause of Action. Petition under Section 80 read with Section 100(1)(d)(iv) of the Representation of the People Act, 1951 fails as material facts not pleaded.

11 Feb 2020

The petitioner, Manohar @ Sagar Pundlik Dabrase, filed an election petition under Section 80 read with Section 100(1) of the Representation of the Peo...

Supreme Court

Supreme Court Acquits Appellant in Railway Stores (Unlawful Possession) Act, 1955 Case Due to Lack of Proof that Seized Articles Were Used or Intended for Railway Use. Conviction Under Section 3 Quashed as Prosecution Failed to Establish Goods Were 'Railway Stores' Under Section 2 of the Act.

2 Sep 1969

Background: This criminal appeal arose from proceedings under the Railway Stores (Unlawful Possession) Act, 1955. The appellant, a private individual,...

High Court

High Court of Karnataka Quashes Maintenance Proceedings Under Section 125 CrPC for Lack of Jurisdiction — Husband's Residence in Bangalore, Not Hubli. Court holds that wife's maintenance application must be filed where husband resides or where parties last resided together, not at wife's place of residence after separation.

26 Feb 2019

The petitioners, including the husband and his relatives, filed a petition under Section 482 CrPC seeking to quash the proceedings in Crl.Misc.No.15/2...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

High Court

Bombay High Court Allows Revision in Specific Performance Suit — Unregistered Partnership Firm Barred from Suit Under Section 69 of Indian Partnership Act, 1932. Plaintiff's admission of non-production of registration document leads to rejection of plaint under Order VII Rule 11 CPC.

22 Jun 2017

The petitioners, original defendants in a suit for specific performance of contract, filed a Civil Revision Application under Section 115 CPC challeng...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

High Court

Karnataka High Court Hears Regular First Appeal by Plaintiffs Seeking Declaration of Title by Adverse Possession and Oral Gift; Trial Court Had Partly Decreed Suit Granting Injunction but Denying Declaration. The Appeal Raises the Issue Whether Trial Court Erred in Rejecting the Claim of Adverse Possession Despite Long Possession.

23 Dec 2020

The dispute concerned a suit property bearing Sy.No.152/5 measuring 1 acre 4 guntas at Bilekahalli village, Bangalore. The plaintiffs, legal heirs of ...

High Court

Bombay High Court Quashes Criminal Complaint Against Directors in Boiler Explosion Case — Directors Not Vicariously Liable for Company's Failure to Register Boiler Under Indian Boilers Act, 1923. Court holds that without specific averments of active role or knowledge, directors cannot be prosecuted for offences under Sections 6, 13, 23, 29, 30 of the Act read with Rules 68, 69, 121 of Maharashtra Boiler Rules, 1962.

22 Aug 2013

The petitioners, Shri Amarnath Baijnath Gupta and Shri S.V. Kannan, were directors of M/s. Premier Explochem Limited. On 5 May 2007, an explosion occu...

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