Search Results for "summary proceeding"

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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. ...

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High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

8 Jan 2016

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

High Court

High Court of Karnataka Dharwad Bench Hears Batch of Motor Accident Claims Appeals Against Awards of Additional MACT, Kumta. Claimants Seek Enhancement of Compensation and Insurers Challenge Liability in Multiple Motor Vehicles Act, 1988 Cases.

28 Mar 2019

The matter involves a batch of appeals filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 31.12.2011 pass...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

24 Apr 2018

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

High Court

Bombay High Court Delivers Judgment in Cross Appeals Over Interpretation of Trust Deed and Maintainability of Originating Summons. The Court Considers Whether Questions Pertaining to Trust Administration Fall Within the Exclusive Domain of the Charity Commissioner Under the Bombay Public Trusts Act, 1950.

6 Nov 2012

This judgment arose from cross appeals against a Single Judge's order dated 5 March 2012 in an Originating Summons filed by Charu K. Mehta, a permanen...

High Court

Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

10 Jul 2007

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

Supreme Court

Supreme Court Allows Appeal of Company in Consumer Protection Case and Remands to NCDRC for Merits Decision. The Court held that deposit of surplus funds in a fixed deposit by a company does not automatically constitute commercial purpose under Section 2(1)(d) of Consumer Protection Act, 1986, requiring examination of dominant intention, and allegations of fraud do not oust consumer forum jurisdiction if deficiency in service is alleged.

19 Mar 2026

The appeal arose from a judgment and order of the National Consumer Disputes Redressal Commission (NCDRC) dated 13.03.2023, which dismissed the appell...

High Court

Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

7 May 2026

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

High Court

Gujarat High Court Quashes Mamlatdar's Order in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Lack of Jurisdiction and Non-Compliance with Statutory Procedure. The Court held that the Mamlatdar exceeded his jurisdiction by deciding title and failing to follow the mandatory procedure under Sections 5 and 6 of the Act, rendering the orders void ab initio.

9 Feb 2026

The petitioners, owners of Survey No. 72 and Survey No. 78 in Village Mandal, Taluka Dhanera, filed a Special Civil Application under Article 226 of t...

Supreme Court

Supreme Court Dismisses Appeal by Mortgagees in Redemption of Mortgages Case — Rejection of Summary Petition Under Punjab Act 2 of 1913 Does Not Bar Subsequent Suit for Redemption. Order of Assistant Collector Which Only Relegates Parties to Civil Suit Is Not One Which Is Required to Be Set Aside and Does Not Attract Limitation Under Article 14 of Limitation Act, 1908.

15 Sep 1969

The dispute involved redemption of a mortgage over agricultural land in Punjab. Ram Sarup, the original owner, had created two mortgages: a mortgage w...

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