Search Results for "statutory defences"

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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...
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Search Results for "statutory defences"

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High Court

High Court of Karnataka Dismisses Winding-Up Petition Against Kingfisher Airlines Ltd. for Lack of Service of Statutory Notice. Petition under Sections 433(e) and (f) of the Companies Act, 1956 fails as petitioner Aerotron Limited did not prove service of demand notice under Section 434.

18 Nov 2016

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a winding-up petition under Sections 433(e) and (f...

Supreme Court

Supreme Court Allows State Appeal in Electricity Duty Exemption Case: Promissory Estoppel Not Applicable Due to Lack of Clear Representation and Public Interest. The court held that the Industrial Policy 2012 did not create an enforceable right to retrospective exemption, and the notification under Section 9 of the Bihar Electricity Duty Act, 1948 was validly made prospective.

1 Dec 2020

The Supreme Court allowed the appeal filed by the State of Jharkhand against the judgment of the Jharkhand High Court, which had directed the State to...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

Supreme Court

Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

30 Apr 2019

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Subsequent Petition Under Section 22 of Employee's Compensation Act, 1923 Maintainable Despite Dismissal of Earlier Motor Vehicles Act Claim on Ground of Self-Negligence. The Court held that the two Acts operate in different fields and the dismissal of the earlier petition does not bar a claim under the Employee's Compensation Act.

1 Aug 2017

The case involves an appeal filed under Section 30 of the Employee's Compensation Act, 1923 (formerly Workmen's Compensation Act) by the legal represe...

High Court

Bombay High Court Quashes Criminal Proceedings Against Medical Practitioners for Alleged Violations Under PCPNDT Act. Complaint Lacks Prima Facie Case of Sex Selection; Deficiencies in Form F Not Sufficient for Criminal Liability.

9 May 2014

The criminal writ petition sought quashing of a complaint filed by the Appropriate Authority under the Pre-Conception and Pre-Natal Diagnostic Techniq...

High Court

Bombay High Court Allows Appeal in Summary Suit Dispute Over Dishonoured Cheque — Triable Issues Raised Regarding Loan Repayment and Liability of Guarantors. Court sets aside summary judgment and grants unconditional leave to defend, holding that the appellants raised triable issues including whether the loan was repaid and whether the guarantors were discharged.

17 Dec 2016

The case arises from a summary suit filed by Anthony Maharaj (respondent) against Morpheus Media Ventures Pvt. Ltd. and others (appellants) for recove...

High Court

Bombay High Court Dismisses Petition Challenging Councillor's Disqualification Under Section 16(1D) of Mumbai Municipal Corporation Act, 1888 — No Disqualification Found as Respondent No.3 Was Not a Defaulter.

9 Aug 2006

The petitioner, Edwin Francis Britto, filed a writ petition challenging an order dated 8th January 2004 passed by the Additional Municipal Commissione...

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