Search Results for "negative averments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "negative averments"

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Supreme Court

Supreme Court Allows Appeal Against Quashing of Complaint Under Sections 138 and 141 of Negotiable Instruments Act, 1881 — Vicarious Liability of Office Bearers of Society Can Be Inferred at Summoning Stage. The High Court erred in quashing proceedings against office bearers without considering specific averments in the complaint that they were in charge of and responsible for the conduct of business.

1 Jan 2026

The appellant, M/s Mansi Finance (Chennai) Ltd., a finance company, filed a private complaint under Sections 138 and 141 of the Negotiable Instruments...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

27 Jun 2023

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

High Court

High Court of Karnataka Quashes Proceedings Against Directors in Cheque Dishonour Case — Directors Not in Charge of Company Affairs at Relevant Time. Section 138 NI Act Liability Requires Active Role in Business; Vicarious Liability Not Automatic for All Directors.

2 Nov 2022

The petitioners, Heena Thirumali Sateesh and Hanumanth Inamdar, were directors of Hoysala Projects Private Limited. The respondent, M/s Minimelt Engin...

Supreme Court

Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

29 Sep 2022

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

Bombay High Court Upholds Leave Granted Under Clause XII of Letters Patent in Trademark Infringement Suit — Plaintiff's Business Activities in Mumbai Confer Territorial Jurisdiction. The court held that the plaintiff had established a prima facie case that part of the cause of action arose within the jurisdiction of this court, and the defendants failed to discharge the burden of proving that the leave was improperly granted.

12 Jul 2017

The plaintiff, M/s Black Ticket Films, a registered partnership firm based in New Delhi, filed a suit in the Bombay High Court against two defendants ...

High Court

Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

29 Jun 2017

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

High Court

Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

12 Mar 2015

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

High Court

Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

30 Nov -0001

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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