Search Results for "bona fide declaration"

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Supreme Court Grants Leave in Civil Appeals Challenging High Court's Reversal of Temporary Injunction. Appeals Concern Whether Division Bench Was Justified in Substituting Its View Under Order XLIII Rule 1(r) CPC Despite Settled Principles on Appellate Review of Discretionary Orders.

The Supreme Court of India granted leave in civil appeals arising from special leave petitions challenging a Division Bench judgment of the Delhi High...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Alleged Offences Against Brother. Court finds no credible material to warrant transfer of investigation to Crime Branch, as police had already conducted inquiry and found no substance in allegations.

The petitioner, Bertram D'Silva, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities to a...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Benami Transaction Not Proved. Suit for declaration and possession decreed as plaintiff established title through sale deed and possession, while defendant failed to prove that property was purchased benami in plaintiff's name.

The appellant-defendant Mahadev filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the concurrent judgment...

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Supreme Court Allows Union's Appeal Against High Court's Setting Aside of Amended Customs Notification. Power to Modify Exemption Under Section 25(1) Customs Act, 1962 Includes Power to Withdraw; No Vested Right to Concessional Duty.

The case involves a challenge to the amendment of a customs exemption notification. The respondent, ABP Pvt Ltd, imported a high-speed printing machin...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation or Proximate Link. Allegations of harassment for loan repayment do not constitute abetment under Section 306 IPC as there was no direct instigation or active role in driving the deceased to suicide.

The judgment pertains to a criminal writ petition and two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of ...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Bombay High Court Dismisses Appeal by School Management Against Reinstatement of Probationary Teacher. Termination of probationer without inquiry and without approval under Section 5 of MEPS Act is invalid.

The case involves an appeal by a school management (Shri Vinayak Vidhyadayini Trust and its Headmistress) against the order of the School Tribunal and...