Search Results for "curable defect"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "curable defect"

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High Court

Bombay High Court Allows Writ Petitions Challenging Rejection of Nomination Papers in Cooperative Society Election. Failure to Sign Affidavit-B Held to be a Minor Defect Curable Under Rule 21(2) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.

2 Apr 2016

The petitioners, Baghele Narottam Gendlal and Thakre Mangal Chudaman, filed writ petitions challenging the rejection of their nomination papers for el...

High Court

Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

12 Nov 2024

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

High Court

High Court of Karnataka Quashes FIR in Rape Case Due to Lack of Prima Facie Evidence and Malafide Prosecution. Allegations of Rape on False Promise of Marriage Found Baseless as Relationship Was Consensual and Complaint Filed After Civil Dispute.

30 Sep 2024

The petitioner, Arunkumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Section 528 of the Bharatiya...

High Court

High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Securitisation Application Matter. Maintainability of Appeal Under Section 18 of SARFAESI Act Against Interim Orders of Debts Recovery Tribunal Upheld.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Child Witness Testimony and Procedural Lapses. The Court Found That the Trial Judge Failed to Ascertain the Competency of a Minor Witness Under Section 118 of the Indian Evidence Act, 1872, and the Dying Declaration Evidence Was Not Put to the Accused Under Section 313 of the Code of Criminal Procedure, 1973.

22 Apr 2025

The appeals arose from a High Court judgment acquitting the accused of murder charges under Section 302 of the Indian Penal Code, 1860, related to the...

Supreme Court

Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

16 Oct 2019

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

High Court

Bombay High Court Allows Writ Petitions Challenging Rejection of Nomination Papers in Cooperative Society Election. Minor Defect of Non-Signing of Affidavit-B Held Curable Under Rule 21(2) of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.

2 Apr 2016

The petitioners, Baghele Narottam Gendlal and Thakre Mangal Chudaman, filed writ petitions challenging the rejection of their nomination papers for el...

High Court

Bombay High Court Allows Original Tenant to Recover Possession from Subsequent Tenant Inducted During Pendency of Execution Proceedings - Doctrine of Lis Pendens Applies to Post-Decree Proceedings Under Order XXI CPC. The court held that a person inducted during the pendency of an application under Order XXI Rule 97 or 99 CPC is a lis pendens inductee and cannot resist the original tenant's claim for possession.

28 Jun 2019

The case involves a dispute between two tenants over possession of a property. The landlord, Mohammed Usman Shaikh Umar, filed a suit for eviction aga...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

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