Search Results for "Specific Averments"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
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Search Results for "Specific Averments"

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Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Complaint Under Section 138 NI Act — High Court Exceeded Section 482 CrPC Jurisdiction by Deciding Disputed Facts on Partnership Retirement Without Trial. The Court Held That Statutory Compliance Under Partnership Act Is Essential for Effective Retirement and That Allegations of Involvement in Firm's Affairs Satisfy Section 141 NI Act.

19 May 2025

The Supreme Court allowed the appeal filed by Shivappa Reddy against the order of the Karnataka High Court which had quashed criminal proceedings unde...

Supreme Court

Supreme Court Dismisses Appeals in ISKCON Property and Management Dispute — Upholds High Court's Findings on Governing Body and Ownership of Properties. The Court held that the plaintiffs failed to prove their claim to the Governing Body of ISKCON Bangalore and that the properties in dispute belonged to ISKCON Mumbai, not ISKCON Bangalore.

16 May 2025

The Supreme Court of India heard a group of civil appeals arising from two suits concerning the International Society for Krishna Consciousness (ISKCO...

Supreme Court

Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

4 Mar 2025

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

Supreme Court

Non-executive director cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881, without specific allegations of active involvement.

13 Feb 2025

The Supreme Court quashed the criminal proceedings against the Appellant. – Held that vicarious liability under Section 141 NI Act requires specific...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Section 138 NI Act Proceedings for Director - Vicarious Liability Established by Specific Averments and Documents. The Court held that the complaint and annexed documents prima facie showed the director was in charge of the company's business, warranting trial.

1 Jan 2025

The appeal arises from a judgment of the Bombay High Court quashing criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 aga...

High Court

High Court Dismisses Directors' Plea to Quash Food Adulteration Case. Delay in Filing Complaint and Loss of Right to Sample Reanalysis Does Not Invalidate Prosecution.

23 Sep 2024

Sections Discussed: Prevention of Food Adulteration Act, 1954: Sections 2(ia), 2(ia)(m), 7(1), 13(2), 16, and 17 Code of Criminal Procedure ...

Supreme Court

Supreme Court Partially Upholds Complaint Under National Housing Bank Act. High Court's Quashing of Complaint Against Company Directors Overturned; Case to Proceed Against Managing Director and Company

1 Aug 2024

The appellant filed a complaint alleging a violation of Section 29A of the National Housing Bank Act, 1987. The Magistrate took cognizance of the comp...

Supreme Court

Supreme Court Quashes High Bid in Mining Lease e-Auction, Orders Fresh Auction and Penalty. Supreme Court finds error in 140.10% bid to be a genuine mistake, mandates a fresh e-auction while imposing a Rs 3 crore penalty on appellant for lack of due care.

15 Jul 2024

Granted leave to appeal against the judgment of the High Court of Orissa, which dismissed the writ petition of the appellant who had mistakenly placed...

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