Search Results for "enforceable legal right"

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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 "enforceable legal right"

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High Court

Bombay High Court Allows Accused's Cross-Examination in NI Act Case - Right Under Section 145(2) Not Conditional on Written Statement. The court held that the accused's right to cross-examine the complainant under Section 145(2) of the Negotiable Instruments Act, 1881 is absolute and not dependent on filing a written statement, setting aside the trial court's rejection order.

9 May 2023

The petitioner, Rakesh Singh, filed two criminal writ petitions challenging the order dated 07/10/2023 passed by the trial court in two complaints und...

High Court

High Court of Bombay at Goa Allows Appeal by Complainant Society in Cheque Dishonour Case — Acquittal Set Aside Due to Limitation Error and Failure to Rebut Presumption. The court held that the complaint was within limitation and the accused did not rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881 that the cheque was issued for a legally enforceable debt.

22 Jun 2010

The appellant, VPK Urban Co-operative Credit Society Limited, filed a criminal appeal against the acquittal of the accused, Narayan S. Naik, by the Ju...

High Court

Bombay High Court Quashes Process in Dishonour of Cheque Cases Due to Lack of Proper Verification and Non-Compliance with Mandatory Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that the Magistrate failed to record verification of the complainant and did not apply judicial mind before issuing process, rendering the proceedings illegal.

3 Oct 2019

The petitioner, Nazim Karim Mumbrawala, was the original accused in four complaints filed by respondent No.1, Keshava Prasad H. A., under Section 138 ...

High Court

High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

4 Mar 2015

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

High Court

High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

2 Sep 2014

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

High Court

High Court of Judicature at Bombay Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Stands Unless Rebutted by Accused. Failure to Rebut Presumption of Legally Enforceable Debt Leads to Conviction Under Section 138 of the Negotiable Instruments Act, 1881.

22 Apr 2016

The appellant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for d...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

9 Jun 2014

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

High Court

Bombay High Court Considers Chamber Summons by Judgment Debtor Challenging Execution of Foreign Award. Defendant Contends Hong Kong Labour Tribunal Award Not Executable as Hong Kong Not Reciprocating Territory and Tribunal Not Superior Court Under Section 44A of CPC.

3 Jul 2006

The matter arose from an execution application filed by Kevin George Vaz seeking to enforce an award dated 6th August 2004 passed by the Labour Tribun...

High Court

Bombay High Court Dismisses Motion to Set Aside Insolvency Notice Based on Arbitral Award — No Stay of Execution Exists. Pendency of appeal under Section 37 of Arbitration and Conciliation Act, 1996 does not operate as stay unless specifically granted, and insolvency notice based on award not stayed is valid.

16 Oct 2012

The case involves a Notice of Motion taken out by Mr. Harshad Moorlidhar Shah, Judgment Debtor No. 3, to set aside Insolvency Notice No. N/19 of 2012 ...

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