Search Results for "enforceable legal right"

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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 "enforceable legal right"

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Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

High Court

Bombay High Court Hears Execution Application of Decree Holder Against Judgment Debtor — Dispute Over Adjustment of Tax Liabilities from Consent Award Instalments. Consent Award Stipulated Payment Without Any Deduction or Set-off, and Judgment Debtor's Withholding of Amounts Allegedly Triggered Automatic Restoration of Original Consideration.

4 May 2011

The Bombay High Court, in its Ordinary Original Civil Jurisdiction, heard Execution Application No. 161 of 2009 filed by Sahara Airlines Limited & Oth...

High Court

Karnataka High Court Dismisses Revision Petition by Defendant No. 25 Against Trial Court's Order Refusing Rejection of Plaint in Partition Suit Due to Limitation and Validity of Sale Deed. Court Holds That Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC as Issues of Limitation and Validity of Sale Deed Are Mixed Questions of Law and Fact Requiring Trial.

25 Oct 2024

The Civil Revision Petition No. 88 of 2024 was filed by M/s Jade Garden Plot Owner's Association, who was Defendant No.25 in the original suit O.S. No...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Dismissal of Section 9 Petition for Interim Relief. Court Holds That a Prima Facie Case for Interim Measures Exists When There Is a Valid Arbitration Agreement and the Subject Matter of Dispute Is at Risk of Being Frustrated.

20 Oct 2022

The appellant, Kalpataru Limited, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of a learne...

High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

High Court

Bombay High Court Dismisses Revision in Cheque Dishonour Case — Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted as accused failed to prove repayment of hand loan.

25 Apr 2023

The case involves a criminal revision application filed by the accused, Manoj Ghansham Birla, against his conviction under Section 138 of the Negotiab...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Rejects Trial Court's Finding of No Prima Facie Case. Court holds that the trial court erred in rejecting an application for temporary injunction under Order 39 Rules 1 and 2 CPC by misreading the plaint and ignoring the plaintiff's possession and title documents.

12 Jan 2024

The appellant, Nasir Khan, filed a miscellaneous first appeal under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC...

High Court

Bombay High Court Quashes Process in Negotiable Instruments Act Case Due to Non-Discharge of Initial Burden by Complainant. The court held that the complainant failed to prove the existence of a legally enforceable debt under Section 138 of the Negotiable Instruments Act, 1881, and therefore the criminal proceedings were an abuse of process.

5 Aug 2011

The applicant, Santdas Sadoromal Chawla, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order is...

High Court

High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

15 Oct 2019

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

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