Search Results for "default dismissal"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "default dismissal"

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High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

Bombay High Court Allows Petition of APMC Chairman Challenging Removal — Show-Cause Notice Under Section 45 of Maharashtra APMC Act Must Specify Charges. Removal Order Quashed for Violation of Natural Justice as Notice Was Vague and No Proper Hearing Was Given.

23 Apr 2012

The petitioner, Sopanrao Onkarrao Sathe, was a member and Chairman of the Agricultural Produce Market Committee, Malkapur. He was served with a show-c...

Supreme Court

Supreme Court Dismisses Recusal Plea in Habeas Corpus Challenge to Contempt Detention; Holds Embarrassment and Alleged Error Insufficient for Judicial Withdrawal. Non-compliance of court's directions in contempt proceedings led to detention under Articles 129 and 142, and the bench ruled that allegations of bias were unfounded and did not necessitate recusal.

1 Jan 1970

The Supreme Court was seized of a criminal writ petition filed by Subrata Roy Sahara challenging an order dated 04.03.2014 passed by the same bench in...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

12 Jan 2010

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Civil Revision Application in Eviction Proceeding under Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Landlord's contention of alternate accommodation by tenant and willful default were key issues.

31 Jul 2013

The dispute centered on a shop admeasuring 15' x 20' ft. out of House No.1270/6 at Gunj Golai, Latur, owned by the late Vishwambhar Kulkarni. After hi...

High Court

High Court of Karnataka Allows Writ Petition Challenging Dismissal of Application Under Section 431 Cr.P.C. in Negotiable Instruments Act Case — Compromise Petition Under Section 147 N.I. Act Set Aside Due to Non-Compliance with Mandatory Procedure. The court held that the trial court must examine the compromise and pass appropriate orders under Section 431 Cr.P.C. before dismissing the application.

7 Feb 2020

The petitioner, Sri Somashekara Reddy, proprietor of Sunlight Solar Technology, filed a writ petition under Articles 226 and 227 of the Constitution o...

Tribunals

NCLAT Allows Appeal by Financial Creditor in Insolvency Case — Loan Agreement and Default Proven, Adjudicating Authority Erred in Rejecting Application Under Section 7 of IBC, 2016. Loan advanced by NBFC to Corporate Debtor under Facility Agreement constitutes financial debt under Section 5(8) IBC, and Section 7 application filed within limitation period must be admitted.

3 Jul 2025

The present appeal was filed by M/s Lok Sewak Leasing & Investment Pvt. Ltd., a Non-Banking Financial Company (NBFC) registered with the Reserve Bank ...

High Court

Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

17 Nov 2025

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

21 Dec 2016

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Guarantor Company Due to Bona Fide Dispute and Pendency of DRT Proceedings. Court Finds That Existence of Disputes Regarding Validity of Guarantee and Pending Recovery Proceedings Before DRT Render the Petition Not Maintainable Under Companies Act, 1956.

23 Jun 2016

The petitioner, SICOM Ltd., a financial institution, filed a winding-up petition against the respondent, Entertainment World Developers Pvt. Ltd., und...

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