Search Results for "vexatious proceedings"

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High Court of Karnataka Quashes FIR Against Government Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Private Complaint Filed Without Prior Sanction for Prosecution of Public Servant is Not Maintainable.

The petitioner, Dr. Ashok V., a District Officer in the Backward Classes Welfare Department, challenged an order dated 07.12.2021 passed by the Princi...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Allows Writ Petition Against Revenue Authorities for Failing to Execute Decree Despite Supreme Court Confirmation. Court Directs Tahsildar to Execute Decree Within Six Weeks, Imposes Costs for Vexatious Litigation.

The petitioner, Gangabai Ramrao Patil, entered into an agreement to sell land with the respondents in 1973. When the respondents failed to execute the...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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Bombay High Court Dismisses PIL Challenging Amendment to DCR 33(7) Appendix III for Lack of Locus Standi and Bonafides. Petitioner failed to establish any public interest or personal injury, leading to dismissal with costs.

The petitioner, Mr. Imran Suleman Qureshi, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging an amendment dated 21/05/2011...

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Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...