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Search Results for "sham defense"

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High Court

Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 IPC Based on Circumstantial Evidence and Dying Declaration. Chain of Circumstances Including Last Seen Theory, Motive, and Recovery of Weapon Held Sufficient to Sustain Conviction.

17 Jul 2026

The appellant, Samsher Abulesh Devang, was convicted by the Learned Sessions Judge, Nashik for the offence of murder punishable under Section 302 of t...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Dying Declarations and Flawed Investigation. High Court's order of acquittal was justified as prosecution evidence, including inconsistent dying declarations, failed to establish guilt beyond reasonable doubt under Indian Evidence Act, 1872, and Code of Criminal Procedure, 1973.

11 Mar 2026

The Supreme Court dealt with a criminal appeal arising from a special leave petition against the High Court's acquittal order. The case involved the g...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC.

29 Aug 2023

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

Supreme Court

Supreme Court Dismisses Appeal of Accused in Murder and Attempt to Murder Case Under Sections 302 and 307 IPC. Conviction Upheld Based on Eyewitness Testimony and Evidence, with Appellant's Self-Defense Claim Rejected as Unsupported.

3 Mar 2023

The appeal arose from a judgment of the High Court of Judicature at Bombay, Bench at Nagpur, which dismissed the appellant's criminal appeal against h...

High Court

High Court of Bombay Allows Appeal in Motor Accident Claim Case — Owner Not Liable for Compensation as Vehicle Was Stolen and Driver Had No Valid License. The court held that the owner cannot be held liable for an accident caused by a stolen vehicle driven by an unauthorized person without a valid license.

21 Dec 2018

The case involves two first appeals filed by the owner of a vehicle, Sambhaji Panditrao Suryawanshi, against the judgment and award passed by the Moto...

High Court

High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

High Court of Karnataka Upholds Conditional Leave to Defend in Summary Suit Under Order 37 CPC — Deposit of 50% of Suit Claim with Interest Upheld as Reasonable Condition. Court holds that while granting leave to defend, the trial court must balance the interests of both parties and can impose conditions to secure the plaintiff's claim, but such conditions must not be arbitrary or excessive.

10 Oct 2014

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Rs.81.33 Lakhs — Appellant Granted Leave to Defend on Deposit of Rs.50 Lakhs. The court held that the Appellant had raised triable issues but the condition of deposit was justified given his role as CFO and Executive Director in authorizing the payment.

3 Apr 2013

The appeal was filed by the First Defendant (Jayesh Nagindas Doshi) against an order of the learned Single Judge in a summary suit under Order XXXVII ...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

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