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 Quashes Complaint Against Sleeping Partner in Negotiable Instruments Act Case — No Prima Facie Case as Partner Did Not Sign Cheque or Participate in Business. The court held that a sleeping partner who did not sign the cheque and was not involved in the business cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, and continuing proceedings would be an abuse of process.

9 Dec 2020

The applicant, Ajay Rampal Sarda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal...

High Court

Bombay High Court Dismisses Complainant's Petition and Allows Accused's Petition in Cheque Dishonour Case — Held That Complaint Under Section 138 of Negotiable Instruments Act, 1881 Must Be Filed by Payee or Holder in Due Course, Not by Third Party Without Authority. The Court Quashed Process Against Directors Due to Lack of Specific Averments of Their Role in Conduct of Business Under Section 141 of the Act.

29 Apr 2011

The judgment arises from two petitions concerning Criminal Case No.290/SS/2008 pending before the Metropolitan Magistrate, 58th Court at Bandra, relat...

High Court

Bombay High Court Allows Rejection of Plaint Against Directors in Commercial Suit -- No Cause of Action Against Nominee Director and Other Directors -- Corporate Personality Principle Upheld

5 Feb 2026

The Bombay High Court allowed Notices of Motion filed by Defendant Nos. 3 to 8 seeking rejection of the Plaint -- The Plaintiff had sued Defendants an...

Supreme Court

Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

4 May 2023

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

Karnataka High Court Dismisses Quashing Petition Filed by Power of Attorney Holder in Matrimonial Fraud Case. Petition under Section 482 Cr.P.C. Filed by Accused through Attorney Not Maintainable as Attorney Is a Stranger and Cannot Fight a Proxy War, Relying on T.C. Mathai and Amrinder Singh.

1 Jun 2022

The petitioners, a daughter and mother residing in London, filed a writ petition under Articles 226 and 227 of the Constitution r/w Section 482 Cr.P.C...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Sufficient Evidence of Vehicle Involvement. Tribunal Erred in Dismissing Claim Petition Under Section 166 of Motor Vehicles Act, 1988 Despite FIR and Panchnama Showing Involvement of Offending Vehicle.

25 Mar 2026

The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988 by the original claimants, Simkiben Bhanabhai Rathod and another, being...

High Court

High Court of Karnataka Quashes Proceedings in Domestic Violence Case Due to Lack of Jurisdiction and Non-Compliance with Procedural Requirements. The court held that the respondent did not have a domestic relationship with the petitioners and the application was filed in a court without territorial jurisdiction under the Protection of Women from Domestic Violence Act, 2005.

26 Feb 2019

The petitioners, eight individuals including Prakash Hasabi and others, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, se...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Loan Transaction Between Bank and Borrower Does Not Attract Criminal Offences of Cheating. Dispute Arising from Default in Repayment of Loan by Borrower to Cooperative Bank is Essentially Civil in Nature, and Criminal Proceedings Under Sections 418 and 420 IPC Read with Section 34 IPC are an Abuse of Process of Law.

4 Mar 2020

The petitioners, Basavaraj S/o Kantepapa Pujar (Manager) and Gayatramma W/o Chandrashekhar Kuruvatti (Ex-President and Director) of Sri Basaveshwar Ur...

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