Search Results for "statutory defences"

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Search Results for "statutory defences"

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High Court

Bombay High Court Hears Insurer's Appeals Challenging Motor Accident Compensation Awards on Ground of Owner Allowing Unlicensed Driver. The Insurance Company Contended That the Owner Committed Willful Breach of Policy Conditions Under the Motor Vehicles Act, 1988, by Entrusting the Vehicle to a Driver Without a Valid Licence.

19 Oct 2018

This batch of seven first appeals arose from a single motor vehicle accident that occurred on 28 May 2015, involving a truck bearing registration No. ...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Contractual Liability Under Section 147(1) Proviso (ii) Not Applicable to Third-Party Claims. Insurer Held Jointly and Severally Liable with Owner and Lessee for Compensation Awarded to Injured Claimant.

2 Dec 2015

The appeal was filed by New India Assurance Co. Ltd. against the judgment and award of the Motor Accidents Claims Tribunal (MACT), Bangalore, in MVC N...

High Court

Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

22 Apr 2024

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

High Court

Bombay High Court Dismisses Criminal Application for Quashing Summons in Security Guards Act Violation. Allegations Against Officers as Principal Employers Prima Facie Disclose Offence Under Clause 42 of Maharashtra Private Security Guards Scheme, 2002.

10 May 2013

The matter arose from a criminal complaint filed by Inspector R.D. Khanorkar under the Maharashtra Private Security Guards (Regulation of Employment a...

High Court

Bombay High Court Grants Leave to Defend in Commercial Summary Suit for Recovery Under Deed of Cancellation — Triable Issues Raised Regarding Validity of Agreement and Quantum of Amount. The court held that the defendant raised substantial triable issues entitling unconditional leave to defend under Order XXXVII CPC.

12 Dec 2019

The plaintiff, Dimples Infra, a registered partnership firm engaged in property development, filed a commercial summary suit against the defendant, He...

High Court

Bombay High Court Dismisses Winding Up Petition for Time-Barred Debt Under Companies Act, 1956. Claim for Goods Supplied in 2006-2007 Held Barred by Limitation as Petition Filed Beyond Three Years from Last Payment in 2011.

5 Apr 2017

The petitioner, Nasir Amin Hungund, filed a winding up petition under Section 433(e) of the Companies Act, 1956 against M/s. Glasspaane Aluminium (I) ...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Sundeep Polymers Due to Bona Fide Dispute Over Hire Purchase Agreement. Dispute Regarding Defective Vehicle and Pending Consumer Complaint Constitutes Substantial Grounds, Not a Mere Debt Acknowledgment.

1 Apr 2014

The petitioning-creditor, Tata Motors Ltd (formerly Tata Finance Ltd), filed a winding-up petition under sections 433 and 434 of the Companies Act, 19...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

26 Mar 2014

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...

High Court

Bombay High Court Dismisses Winding Up Petitions Against Respondent — Disputed Debt and Bona Fide Defence Preclude Admission. The court held that a winding up petition under Sections 433 and 434 of the Companies Act, 1956 cannot be admitted when the debt is bona fide disputed and the company has a substantial defence, as the remedy is not for recovery of debt but for insolvency.

6 Jun 2017

The petitioner,  filed two winding up petitions under Sections 433 and 434 of the Companies Act, 1956 against Respondent., seeking winding up on ...

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