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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High Court

High Court of Karnataka Examines Constitutional Validity of Age Limit and Close Relative Requirement Under Surrogacy (Regulation) Act, 2021. The Court Analyses Whether Provisions Restricting Intended Parents' Age and Surrogate's Relation to Intended Couple Violate Fundamental Rights in Light of Petitioners' Personal Tragedy.

21 Apr 2023

The petitioners, a married couple aged 57 and 45 respectively, filed a writ petition under Article 226 of the Constitution of India before the High Co...

High Court

Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

7 Aug 2015

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

Supreme Court

Supreme Court Dismisses Appeals in ISKCON Property and Management Dispute — Upholds High Court's Findings on Governing Body and Ownership of Properties. The Court held that the plaintiffs failed to prove their claim to the Governing Body of ISKCON Bangalore and that the properties in dispute belonged to ISKCON Mumbai, not ISKCON Bangalore.

16 May 2025

The Supreme Court of India heard a group of civil appeals arising from two suits concerning the International Society for Krishna Consciousness (ISKCO...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

21 Jun 2019

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

High Court

Bombay High Court Allows Second Appeal in Succession Dispute Over Muslim Property — Appellants' Claim to Inherit as Heirs of Deceased Upheld. Court held that the trial court and first appellate court erred in dismissing the suit for partition and possession without properly considering the evidence of relationship and the applicability of Muslim personal law.

30 Nov -0001

The case involves two second appeals arising from a suit for partition and possession filed by the appellants, who claimed to be the legal heirs of th...

High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

High Court

High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

1 Jul 2026

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not In Charge of or Responsible for Conduct of Business at Relevant Time Under Section 141 of Negotiable Instruments Act, 1881.

16 Jan 2019

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

High Court

High Court of Karnataka Quashes Proceedings Against Directors in Cheque Dishonour Case — Directors Not in Charge of Company Affairs at Relevant Time. Section 138 NI Act Liability Requires Active Role in Business; Vicarious Liability Not Automatic for All Directors.

2 Nov 2022

The petitioners, Heena Thirumali Sateesh and Hanumanth Inamdar, were directors of Hoysala Projects Private Limited. The respondent, M/s Minimelt Engin...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Non-Executive Directors in Cheque Dishonour Case — Mere Designation as Director Insufficient for Vicarious Liability Under Section 141 NI Act. The Court held that non-executive directors cannot be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 without specific allegations of their involvement in the company's financial affairs.

4 Mar 2025

The Supreme Court allowed the appeals filed by K.S. Mehta and Basant Kumar Goswami, non-executive directors of M/s Blue Coast Hotels & Resorts Ltd...

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