Search Results for "summary proceeding"

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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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High Court

Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

7 Aug 2015

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

High Court

Bombay High Court Dismisses Licensee's Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Licensee Cannot Claim Right to Continue Occupation After Expiry of License Term. The Court held that a licensee must vacate upon expiry of the license period and cannot resist eviction by claiming additional security deposit or improvements without proof.

5 May 2026

The Petitioner, Mohammed Arbaaz Aziz Farooqui, was a licensee of Flat No. 143, B-Wing, 14th floor, Heera Panna CHS, Tulsiwadi, Mumbai, under a registe...

High Court

High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

2 Feb 2023

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

Supreme Court

Supreme Court Upholds High Court Judgment Directing Shift of Toll Plaza for Violation of National Highways Fee Rules. Construction at 194 km of NH30 Found to Violate Rule 8 of National Highways Fee (Determination of Rates and Collection) Rules, 2008 Due to Lack of Written Reasons and Failure to Meet Conditions for Municipal Area Placement.

23 Sep 2021

The dispute arose from a writ petition filed by respondents 1 to 17 (writ petitioners) seeking to restrain the construction of a toll plaza at 194 km ...

High Court

High Court of Karnataka Reviews Maintainability of Claim Under Section 163A of Motor Vehicles Act, 1988 in Cross Appeals Arising from Fatal Accident. Claim by Legal Heirs of Deceased Driver Who Borrowed Vehicle and Died Without Involvement of Another Vehicle Is Under Scrutiny.

28 Sep 2020

The judgment involves two appeals arising from the same motor accident dated 20.09.2006. An auto rickshaw driven by Ramesh Babu, in which Murali was a...

High Court

Bombay High Court Allows Maintenance to Second Wife Despite Subsisting First Marriage — Section 125 CrPC Does Not Require Valid Marriage, Only Proof of Marriage in Fact. The court restored maintenance order of JMFC, holding that a woman whose marriage is void due to prior marriage is still entitled to maintenance under Section 125 CrPC if she proves she was living as wife.

26 Aug 2016

The petitioner, Sou. Rakmabai Pandurang Sonavane, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and or...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction from Airport Land — Petitioner Failed to Establish Title or Possessory Rights Over Land Belonging to Airport Authority of India. The court held that mere possession without proof of title cannot defeat the rights of the true owner, especially when the land is vested in a statutory authority under the Airport Authority of India Act, 1994.

30 Nov -0001

The petitioner, Edward alias Adward Paul Machado, an 82-year-old farmer, filed a writ petition in the Bombay High Court challenging his eviction from ...

High Court

High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

11 Aug 2014

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

High Court

Bombay High Court Upholds Cancellation of Gift Deed Under Senior Citizens Act for Non-Maintenance — Tribunal Has Jurisdiction to Declare Transfer Void Under Section 23. The court held that failure to provide basic amenities to a senior citizen renders the transfer deemed as made by fraud or coercion, and the Tribunal can cancel the deed without requiring a civil suit.

29 Aug 2024

The petitioners, Nandkishor Shivdin Sahu (son-in-law) and Urga Nandkishor Sahu (daughter), challenged the order of the Maintenance Tribunal under the ...

High Court

Bombay High Court Upholds MHADA's Order for Repairs and Redevelopment of Cessed Building Under Section 95A of MHADA Act. Court Directs Tenants to Pay Increased Rent and Vacate for Redevelopment, Rejecting Challenge to Executive Engineer's Order.

4 Jul 2012

The appellants, eight tenants of a cessed building in Chittaranjan Nagar, Ghatkopar, Mumbai, filed a writ petition challenging an order dated 24 April...

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