Search Results for "Section 398"

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High Court of Karnataka Quashes Criminal Proceedings in Matrimonial Dispute Due to Compromise Between Husband and Wife. Proceedings under Sections 498A, 420 IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 quashed as continuation would be an abuse of process of law.

The petitioner-husband filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in C.C.No.24483/2018 arising from Crime No.112...

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Bombay High Court Dismisses Revision Against Decree Under Section 6 of Specific Relief Act — Auction Purchaser Cannot Dispossess Without Due Process. Prior Possession and Forcible Dispossession Within Six Months Entitle Plaintiff to Restoration Irrespective of Title.

The case involves a Civil Revision Application filed by Mr. Kadir Ilahi Bagwan (applicant) challenging the judgment and order dated 25th July 2016 pas...

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High Court of Karnataka Quashes Criminal Proceedings Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Initiation of prosecution against a public servant without prior sanction under Section 197 CrPC is void ab initio.

The petitioner, Sri Labhuram, a Deputy Commissioner of Police (Crime) in Bangalore, filed a petition under Section 482 CrPC seeking to quash the order...

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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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Bombay High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Last Seen Theory Alone Without Corroboration Held Insufficient to Sustain Conviction Under Section 302 IPC.

The appellant, Rambhau Mahadev Bombale, was convicted by the Additional Sessions Judge, Pune in Sessions Case No.398 of 1999 for the murder of Maruti ...

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Supreme Court Dismisses Appeal in Partnership Dispute Over Share Entitlement. Plaintiffs Failed to Prove Capital Contribution of Rs.50,00,000 as per Partnership Deed Dated 30.10.1992, Thus Entitled Only to 10% Share in Profits and Losses Until Expulsion on 18.6.2004.

The dispute originated from a partnership firm, M/s Selwel Combines, reconstituted in 1992 with plaintiff No.1 inducted as a partner under a deed stip...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Allows Petition to Refer Parties to Arbitration in Commercial Dispute Over Unpaid Goods. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement, as Parties Acted on Purchase Orders Containing Arbitration Clause.

The petitioners, Sai Wardha Power Ltd. and its directors, were original defendants in a civil suit filed by the respondent, M/s. Goyal Dhatu Udyog Pvt...