Search Results for "triable issues"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
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...

Search Results for "triable issues"

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High Court

Madras High Court Allows ED's Transfer Petition Under PMLA Section 44(1)(c) — Concurrent Jurisdiction of Special Courts for PMLA and CBI Cases. The court held that a PMLA case pending before a Special Court for CBI cases can be transferred to the Special Court for PMLA cases under Section 44(1)(c) of the PMLA, setting aside the trial court's order rejecting the transfer.

5 Mar 2026

The Deputy Director, Directorate of Enforcement (ED), filed a petition under Section 538 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sec...

High Court

Madras High Court Allows Transfer of PMLA Case to Principal Sessions Court Under Section 44(1)(c) of PMLA — Concurrent Jurisdiction of Special Court for CBI Cases and PMLA Special Court Examined. The court held that the PMLA Special Court is the appropriate forum for trial of PMLA offences, and the transfer is necessary to avoid multiplicity of proceedings.

5 Mar 2026

The Deputy Director of the Directorate of Enforcement (petitioner) filed a petition under Section 538 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ...

High Court

Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

1 Oct 2025

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

High Court

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

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...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

30 Jan 2018

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

High Court

Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

28 Oct 2005

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

High Court

Bombay High Court Dismisses Appellant Corporation's Appeal in Cooperative Bank Deposit Recovery Case — Territorial Jurisdiction of Cooperative Court Upheld. The court held that deposits made in Mumbai and cheques issued there confer jurisdiction on the Cooperative Court under Section 91 of the Maharashtra Cooperative Societies Act, 1960.

28 Mar 2005

The respondent Bank, a cooperative bank incorporated under the Maharashtra Cooperative Societies Act, 1960, placed three deposits totaling Rs.100 cror...

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