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 State Appeal in Tender Cancellation Case — Public Interest Justifies Cancellation of LoI Despite Prior Acceptance. Non-Arbitrariness in State Action Not Established When Cancellation is Based on Legitimate Concerns Over Technical Compliance and Financial Viability.

24 Nov 2025

The dispute arose from a tender issued by the State of Himachal Pradesh for the supply, installation, and maintenance of electronic Point-of-Sale (ePO...

Supreme Court

Supreme Court Dismisses Corporate Debtor's Appeal Against Admission of Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Erstwhile Directors Cannot Maintain Appeal After Appointment of Insolvency Professional, Signaling Paradigm Shift to Inability of Management to Continue if Unable to Pay Debts.

1 Aug 2026

Background: The case arose under the newly enacted Insolvency and Bankruptcy Code, 2016 (IBC), which came into force in November-December 2016. The ap...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Disputed Liability. Complainant failed to prove legally enforceable debt as accused raised probable defence of cash payment for goods not supplied under Section 138 of Negotiable Instruments Act, 1881.

10 Mar 2010

The appellant, Sheshrao Krishnarao Umredkar, proprietor of M/s Rakesh Enterprises, filed a criminal appeal challenging the judgment and order dated 29...

High Court

Bombay High Court Allows Leave to Appeal in Negotiable Instruments Act Case — Dishonour of Cheque Due to Account Closed. Court holds that dishonour of cheque on ground of 'account closed' constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881, and the complainant need not prove that the cheque was presented within validity period if the accused fails to raise the issue at trial.

14 Oct 2013

The applicant, M/s. V. A. Enterprises, through its proprietor Ashok Pundalik Suryavanshi, filed a criminal application seeking leave to appeal against...

High Court

Bombay High Court Allows Appeals in Trademark Infringement and Passing Off Case — Interim Injunction Set Aside Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the plaintiff failed to establish a strong prima facie case for trademark infringement under the Trade Marks Act, 1999 as the mark was originally owned by the joint venture company and the assignment was disputed.

28 Jul 2011

The case involves two appeals against a common judgment and order dated 23.12.2004 passed by the learned Single Judge in Notice of Motion No.553 of 20...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to prove his defence on preponderance of probabilities and the cheque was issued for a legally enforceable debt.

19 Sep 2006

The appellant, Smt. Prabha Gandhi, filed a criminal appeal against the acquittal of the respondent, Manohar Deshmukh, by the Judicial Magistrate First...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

High Court Allows Appeal in Cheque Dishonour Case Due to Non-Examination of Key Witness and Improper Appreciation of Evidence. The court held that the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted and the notice was validly sent after the second dishonour.

1 Dec 2011

The appellant, Navneetdas Narayandas Barshikar, the original complainant, filed an appeal against the judgment and order of acquittal dated 16th Augus...

Supreme Court

Supreme Court Allows CBI Appeal Against Grant of Default Bail in Bank Fraud Case Under Prevention of Corruption Act and IPC. The Court Held That a Chargesheet Filed Under Section 173(2) Cr.P.C. Is Complete Even if Further Investigation is Pending Under Section 173(8), and the Right to Default Bail Under Section 167(2) Ceases Upon Filing of Such Chargesheet and Cognizance.

24 Jan 2024

The appeal arose from a challenge by the CBI against orders of the Special Court and High Court granting default bail to respondents Kapil Wadhawan an...

Supreme Court

Supreme Court Upholds State's 2011 Pay Scale Order, Settles Long-Standing Litigation. Court Affirms Doctrine of Merger, Ensures Fair Compensation for Retired Employees, and Provides Finality to Pay Discrepancy Dispute

15 Jul 2024

The Supreme Court of India adjudicated a protracted litigation involving the State of Uttar Pradesh and its employees regarding the implementation of ...

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