Search Results for "summary proceeding"

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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
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High Court

High Court of Karnataka Hears Appeals Against Single Judge Order on Maintainability of Private Complaints Against Public Servants Under the Prevention of Corruption Act. The Single Judge Had Ruled That the Karnataka Lokayukta Act Does Not Expressly Exclude the Operation of Alternative Measures and There Is No Repugnancy With the Code of Criminal Procedure.

29 Nov 2013

The case originated from private complaints filed by the respondent, Sirajin Basha, against the appellant, B.S. Yeddyurappa, a former Chief Minister o...

High Court

Bombay High Court Partly Allows Husband's Petition in Maintenance Case Under Section 125 CrPC — Divorcee Wife Entitled to Maintenance from Date of Divorce, Not from Filing of Application. The court held that a divorcee wife is entitled to maintenance under Explanation (b) to Section 125(1) CrPC from the date of divorce, and strict pleading rules do not apply in summary proceedings.

25 Sep 2024

The case involves a criminal writ petition filed by the husband challenging the order of the Adhoc Additional Sessions Judge granting maintenance to h...

High Court

Bombay High Court Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary.

8 Feb 2019

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Sectio...

High Court

Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

8 Feb 2019

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

Bombay High Court Allows Appeal Against Acquittal Under Section 256 CrPC for Complainant's Absence in Defamation Case. The court restored the complaint to the trial court, emphasizing the need for an opportunity to be heard before acquittal under Section 256 CrPC.

8 Jan 2014

The appellant, Govindrao Ranisawargaonkar, was the original complainant in Summary Criminal Case No. 588/2007 before the Judicial Magistrate (First Cl...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

28 Mar 2014

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

High Court

Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

22 Dec 2014

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

High Court

High Court of Karnataka Allows Revision Petition in Succession Certificate Case — Sets Aside Orders Granting Certificate Without Proper Notice. Court holds that issuance of succession certificate without notice to all interested parties violates principles of natural justice under Section 372 of the Indian Succession Act, 1925.

21 Apr 2023

The petitioners, Gangamma and Gurupadappa Swadi, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging t...

High Court

High Court Quashes Criminal Proceedings Against Accused No.2 in Cheating and Forgery Case Due to Lack of Specific Allegations. Petitioner's Liability Under Sections 420, 465, 467, 468, 471, 474 IPC Read with Section 34 IPC Not Established as Complaint Failed to Attribute Any Overt Act or Criminal Intent.

14 Sep 2023

The petitioner, Rajesh Yallappa Totaganti, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

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