Search Results for "statutory defence"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

High Court

High Court of Judicature at Bombay Hears Arbitration Petitions Challenging Arbitral Awards in Real Estate Development Dispute — Awards Dated 22-23 April 2022 in Favour of Claimants. Court considers whether awards passed under Arbitration and Conciliation Act, 1996 in relation to allotment and development of plots in Arrow City Manhattan Project are liable to be set aside, especially given arbitrator's adoption of findings from Claim No.5 across other claims.

21 Feb 2024

The Bombay High Court heard a batch of connected arbitration petitions filed by Arrow Engineering Limited challenging arbitral awards passed in favour...

High Court

Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC.

18 Jan 2014

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 19...

High Court

Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

19 Jul 2014

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

High Court

Bombay High Court Acquits Police Head Constable in Corruption Case Due to Unreliable Trap Witness and Inconsistent Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

18 Aug 2017

The appellant, Baliram s/o Mansingh Chawhan, a Police Head Constable, was convicted by the Special Judge, Washim in Special Case No. 3/1998 for offenc...

High Court

Bombay High Court Considers Contempt Petition Against Directors for Wilful Disobedience of Deposit Order in Arbitration Dispute. Allegation of Failure to Deposit Rs.1,21,80,000 Despite Available Funds and Siphoning of Amounts Under Section 2(b) of Contempt of Courts Act, 1971 Formed Core of Civil Contempt Claim.

26 Apr 2024

The litigation arose from a commercial dispute between Starlift Services Pvt. Ltd. (petitioner) and Alba Asia Pvt. Ltd. and its directors (respondents...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

High Court

Bombay High Court Acquits Husband in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were not reliable and prosecution failed to prove guilt beyond reasonable doubt.

6 Jul 2010

The appellant, Gautam Bhila Ahire, was convicted by the Ad hoc Additional Sessions Judge-1, Dhule in Sessions Case No.47 of 2007 for the murder of his...

High Court

High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

20 Dec 2013

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...

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