Search Results for "Triable issues"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Triable issues"

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High Court

High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over unpaid loan and property transfer held to be purely contractual, not constituting criminal breach of trust or cheating under Section 420 IPC.

22 Nov 2024

The petitioners, Sourish Bose and Deepanvita Ghosh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sec...

Supreme Court

Supreme Court Examines Whether Magistrate Properly Exercised Discretion Under Section 202 CrPC Instead of Ordering Investigation Under Section 156(3) CrPC. Appeal Challenges High Court's Refusal to Interfere with Magistrate's Order in Forgery and Cheating Case.

1 Jan 1970

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High Court

High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

20 Dec 2019

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

High Court

Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

29 Sep 2006

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

High Court of Karnataka Allows Doctor's Discharge in CBI Exam Manipulation Case — No Prima Facie Evidence of Conspiracy. Petitioner/Accused No.8, a postgraduate entrance test participant, discharged from all charges under Sections 120-B, 420, 468, 471 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 as no material showed her involvement in alleged conspiracy.

6 Oct 2023

The petitioner, Dr. Neha Bansal, was accused No.8 in Special C.C.No.106/2008 pending before the XLVII Additional City Civil and Sessions Judge and Spe...

Supreme Court

Supreme Court Upholds Plaintiff Landlord’s Suit for Possession; Bombay Tenancy Act’s Statutory Ownership Provisions Inapplicable During Court of Wards Management; Court Refuses to Refer Issue of Tenancy When Not Raised. Lease Expired Before Cessation of Management, Hence No Statutory Ownership Under Section 88 of Bombay Tenancy and Agricultural Lands Act, 1948.

21 Aug 1968

This civil dispute concerned a claim for possession of agricultural lands forming part of a Devasthan inam estate. The plaintiff, a minor heir, inheri...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

25 Jan 2019

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

High Court

Karnataka High Court Quashes Dowry Harassment FIR Against In-Laws Due to Omnibus Allegations and Retaliatory Filing. Court Holds That Bald and Omnibus Allegations Without Independent Specific Acts Cannot Sustain Prosecution Under Sections 498A, 504, 323, 506 IPC and Dowry Prohibition Act, 1961.

18 Apr 2023

The case arose out of two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the complaint and FIR i...

High Court

Bombay High Court Dismisses Bar Association's Challenge to Establishment of District Court at Wai — No Locus Standi for Competing Bar Association. The court held that a district bar association cannot challenge the establishment of a court at a taluka place on grounds of inconvenience or lack of infrastructure, as such decisions are within the exclusive domain of the High Court's administrative power under Article 235 of the Constitution of India.

22 Mar 2022

The Satara District Bar Association filed a writ petition under Article 226 of the Constitution of India challenging the approvals dated 31st July 201...

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