Search Results for "multiplicity of proceedings"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Upholds Class Action by Homebuyers Under Section 35(1)(c) of Consumer Protection Act, 2019 — Builder's Objection on Miniscule Percentage Rejected. Commonality of Interest Found in Delay in Possession and Unfair Trade Practices, Allowing Representative Complaint for All 1134 Apartment Purchasers.

17 Dec 2021

The case involves an appeal by Brigade Enterprises Limited, a builder, against an order of the National Consumer Disputes Redressal Commission (NCDRC)...

Supreme Court

Supreme Court Upholds Reinstatement of Conductor in UPSRTC Case — Domestic Inquiry Defect Cured by Employer Evidence, But Tribunal's Appreciation of Evidence Not Perverse. The Court held that the Tribunal's finding that the inspector was not proved to have inspected the bus was a plausible appreciation of evidence and not perverse.

8 Dec 2021

The appeal arose from an order of the Allahabad High Court which upheld the Industrial Tribunal's decision reinstating a conductor of the Uttar Prades...

Supreme Court

Supreme Court Dismisses Trade Union's Petition Against Disinvestment of Government Shareholding in Public Sector Undertaking. Disinvestment Policy Upheld as Within Executive Domain, and Previous Litigation Barred Re-agitation Under Res Judicata in Public Interest Litigation Under Article 32 of Constitution.

18 Nov 2021

The National Confederation of Officers Association of Central Public Sector Enterprises, a trade union registered under the Trade Unions Act 1926, alo...

Supreme Court

Supreme Court Quashes Contempt Conviction Against Officials in Agricultural Produce Levy Case Due to Lack of Willful Disobedience and Improper Fact-Finding in Contempt Proceedings. High Court Erred by Examining Evidence and Imposing Liability When a Committee Was Constituted to Decide Disputed Facts Under the Assam Agricultural Produce Market Act, 1972.

26 Oct 2021

The appeal arose from a contempt conviction by the High Court against officials for willful disobedience of its order regarding cess levy under the As...

Supreme Court

Supreme Court Dismisses Appeal for Suppression of Material Facts in Land Acquisition Dispute. Writ petitioner must disclose all relevant facts including prior civil suit and appeal; failure to do so disentitles equitable relief under Article 226.

26 Oct 2021

The case involves an appeal by the sons of M. Krishna Reddy against the Bangalore Development Authority (BDA) and others. The appellants claimed that ...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Allows Transfer of FIR in Dowry Harassment Case for Consolidated Trial. The court directed transfer of FIR No. 80/2013 from Lucknow to Fatehpur to be tagged with FIR No. 289/2013 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, ensuring joint proceedings to avoid multiplicity.

28 Sep 2021

The dispute arose from a criminal appeal filed by the appellant against the order of the High Court of Judicature at Allahabad, Lucknow Bench, which r...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

22 Sep 2021

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

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