Search Results for "Summary Procedure"

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Bombay High Court Allows Petition Challenging Non-Absorption as PSI Despite Exoneration. Petitioner completed probation and was reinstated without penalty after criminal case ended in 'Final Report', entitling him to absorption.

The petitioner, Shri Dhanraj Punaji Chavan, joined the Police Training Course at Nashik for the post of PSI on 01.10.1975, completed training, and was...

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Supreme Court Allows Bank's Appeal in Consumer Protection Case Due to Absence of Deficiency in Service. Consumer Forums Cannot Adjudicate Highly Disputed Factual Issues or Allegations of Fraud Between Company Directors as Proceedings Are Summary in Nature Under the Consumer Protection Act, 1986.

The dispute arose from a consumer complaint filed by the Managing Director of D-Cube Constructions (P) Ltd. against City Union Bank Limited, alleging ...

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Bombay High Court Quashes FIR in Criminal Breach of Trust Case Due to Civil Nature of Dispute. The court held that where the allegations do not disclose a criminal offence and the dispute is purely civil, the FIR can be quashed under Section 482 CrPC to prevent abuse of process.

The applicants, Gangadhar Laxmanrao Barbate and Satish Gangadhar Barbate, were accused in FIR No. 101/2009 registered at Lakadganj Police Station, Nag...

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Bombay High Court Dismisses Winding Up Petition for Lack of Bona Fides and Substantial Defence. Company's claim of disputed debt and pending civil suit found to be a bona fide defence against winding up under Sections 433 and 434 of the Companies Act, 1956.

The petitioner, M/s. Joshi Bullion Gems & Jewellery Pvt. Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 again...

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High Court Allows Impleadment of Liquidator in Pending Salary Recovery Suit -- Interprets IBC Provisions on Continuation of Proceedings Post-Liquidation -- Sets Aside Trial Court Order Dismissing Chamber Summons

The Petitioner, a former employee of Respondent No.1 company, had filed a Summary Suit in 2017 for recovery of salary dues -- After the company went i...

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Gujarat High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Remands Matter for Fresh Hearing After Finding Bailiff Report Indicated Summons Returned Unserved.

The present First Appeal was filed by the original defendants challenging the judgment and decree dated 30.7.2004 passed by the learned Chamber Judge,...

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High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC.

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City C...

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Bombay High Court Dismisses Petition Challenging Tender Award by MHADA — No Violation of Natural Justice Found. Bidder's Challenge to Summary Rejection of Technical Bid Fails as Evaluation Was Based on Tender Conditions and No Prejudice Was Caused.

The petitioners, ACC India Private Limited and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...