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. ...

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Supreme Court

Supreme Court Dismisses Appeals in Criminal Writ Petitions Challenging Summons Issuance for Cheque Dishonor. The Court upheld the High Court's decision that a prima facie case existed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate's satisfaction for issuing summons was proper, refusing to quash proceedings under Section 482 of the Code of Criminal Procedure, 1973.

28 Apr 2023

The Supreme Court dealt with appeals challenging the High Court of Judicature at Bombay's judgment dated 26th April 2021, which dismissed the appellan...

High Court

Bombay High Court Quashes Process Against Partners in NI Act Case for Lack of Specific Averments. Complaint failed to disclose specific role of partners in cheque issuance, making prosecution an abuse of process.

8 Feb 2019

The applicants, Shivangi Garg and Indu Navin Agrawal, were arrayed as accused 3 and 4 in Criminal Complaint 1224 of 2015 filed by Anuj Shrikant Tabere...

Supreme Court

Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

26 Oct 2021

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

High Court

Bombay High Court Quashes Process Against Directors in Food Safety Act Case — Lack of Vicarious Liability. Directors cannot be held liable under the Food Safety and Standards Act, 2006 without specific averments of their role in the offence.

5 Mar 2024

The petitioners, including a company and its erstwhile directors, challenged an order of the Additional Sessions Judge, Sangli, which dismissed their ...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Complaint Under Sections 138 and 141 of Negotiable Instruments Act, 1881 — Vicarious Liability of Office Bearers of Society Can Be Inferred at Summoning Stage. The High Court erred in quashing proceedings against office bearers without considering specific averments in the complaint that they were in charge of and responsible for the conduct of business.

1 Jan 2026

The appellant, M/s Mansi Finance (Chennai) Ltd., a finance company, filed a private complaint under Sections 138 and 141 of the Negotiable Instruments...

High Court

High Court of Karnataka Dismisses Petition by SSLC-Qualified Individual Seeking Registration as Medical Practitioner Under Karnataka Private Medical Establishments Act, 2007 — Use of 'Dr.' Prefix Without Recognized Medical Qualification Held Illegal. The court held that a person with only SSLC qualification cannot call himself 'Dr.' or practice medicine, and registration under the Act requires a recognized medical qualification.

17 Mar 2025

The petitioner, Dr. A.A. Muralidharswamy, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karna...

High Court

High Court of Karnataka Quashes Summons Against Directors in Cheque Bounce Case Due to Lack of Specific Allegations. Vicarious liability under Section 138 of Negotiable Instruments Act, 1881 cannot be imposed without averring that the director was in charge of and responsible for the conduct of the business.

25 Apr 2014

The respondent/complainant filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Pen...

High Court

Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

23 Aug 2013

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

23 Feb 2023

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

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