Search Results for "averment"

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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. ...

Search Results for "averment"

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High Court

Bombay High Court Dismisses Petition Challenging Land Acquisition Under Resettlement Act — Acquisition Upheld as Possession Vested in Government and Section 48(1) Application Rejected. Court Held That Once Possession Is Taken and Award Is Passed, Government Cannot Withdraw Land From Acquisition Under Section 48(1) of Land Acquisition Act, 1894.

25 Oct 2024

The petitioner, Ashok Shantinath Chougule, as legal heir of his deceased father Shantinath Dada Chougule, filed a writ petition under Article 226 of t...

High Court

Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency — Allegations of Improper Nomination Acceptance and Corrupt Practices Not Proven. The court held that the petitioner failed to discharge the burden of proof under Section 100(1)(d)(i) and Section 123 of the Representation of the People Act, 1951, and the petition was dismissed with costs.

7 Jul 2017

The petitioner, Vinod Ramchandra Ghosalkar, a Shiv Sena candidate, lost the Maharashtra Legislative Assembly election for the Dahisar Constituency hel...

High Court

Bombay High Court Quashes FIR Against Organizers of Obscene Dance Performance in Banquet Hall — Lack of Specific Allegations Against Applicants Under Sections 294, 34 IPC, Maharashtra Police Act, and Maharashtra Prohibition Act. FIR Quashed as Continuation of Proceedings Would Be Abuse of Process of Law Under Section 482 CrPC.

11 Oct 2023

The applicants, five individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.0...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

18 Mar 2014

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be at the correct address; notice sent to a closed office address is invalid.

28 Aug 2018

The petitioners, Mukeshbhai Balabhai Patel and his wife Ranjanben, filed a writ petition under Article 226 of the Constitution of India read with Sect...

High Court

Bombay High Court Quashes Conviction in Cheque Bounce Case Due to Delayed Notice Beyond 30 Days Under Section 138 NI Act. Notice Posted on 31st Day from Bank Intimation Fails to Meet Mandatory Requirement of 'Giving Notice' Within 30 Days.

1 Oct 2024

The case involves a criminal revision application filed by the accused, Shivnath Suryoba Gaonkar, challenging his conviction under Section 138 of the ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — Supervisory Jurisdiction Under Article 227 Not to Be Used to Reappreciate Evidence. The Court Held That Concurrent Findings of Fact by Trial Court and Appellate Court Cannot Be Interfered With Unless Perverse or Jurisdictional Error Exists.

25 Sep 2025

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India chal...

High Court

High Court of Karnataka Quashes FIR Against Accused Husband and Family in 498A and Dowry Harassment Case Due to Vague Allegations and Habitual Complainant. Held that Mere Stray Utterance Like Calling 'Prostitute' Does Not Constitute Cruelty Under Section 498A IPC, Relying on Kahkashan Kausar v. State of Bihar; Continued Proceedings Would Be Abuse of Process Under Section 482 CrPC.

3 Sep 2024

The case arose from a petition under Section 482 of the Code of Criminal Procedure, 1973, filed by the husband (accused No. 1), mother-in-law, father-...

High Court

Bombay High Court Dismisses Bank's Appeal Against Refusal to Reject Plaint Under Order VII Rule 11 CPC; Holds Suit Not Barred by Section 34 of SARFAESI Act. Plaintiffs, Claiming Independent Rights as Co-owners and Not Being Parties to Loan/Mortgage Transaction, Could Not Be Barred Under Section 34 as Their Suit Challenges Mortgage Validity Only Against Their Share, Not the Securitization Process Itself.

8 Dec 2010

The dispute arose from a loan transaction between State Bank of India (appellant/first defendant) and Crosslink Shipbreakers (P) Ltd. (principal borro...

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