Search Results for "averment"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Tampered Invoices. The Operational Creditor's claim for initiation of Corporate Insolvency Resolution Process was rejected as invoices showed tampered interest rate and payment terms, and payment of Rs. 10 Lakh after demand notice created a pre-existing dispute.

3 May 2024

The appeal was filed by Sanjay Sharma, Partner of MA Jagadamba Enterprises (Operational Creditor), against the order dated 30.11.2023 passed by the Na...

Tribunals

NCLAT Dismisses Appeal by Shareholder Against CIRP Admission — Shareholder Lacks Locus Standi Under Section 61 IBC. The appeal filed by a shareholder against the order admitting a Section 9 petition by an operational creditor was dismissed as the shareholder is not an aggrieved person under Section 61 of the IBC.

19 Jan 2024

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Romi Datta, a shareholder of Sahara Q Shop Unique P...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Driver Swapping Defence Rejected for Lack of Evidence. Claimants awarded Rs.19,29,760/- with 9% interest under Section 166 of Motor Vehicles Act, 1988 for death of cleaner in tempo accident.

28 Jan 2026

The appeal was filed by Cholamandalam MS General Insurance Co. Ltd. against the judgment and award dated 31.08.2021 of the Motor Accident Claims Tribu...

High Court

High Court Quashes FIR Against School Principal in National Flag Insult Case Due to Lack of Intent and Control Over Circulated Image. Offence Under Section 2 of Prevention of Insult to National Honors Act, 1971 Not Made Out as Petitioner Had No Knowledge or Intention to Disrespect Flag, and Image Was Allegedly Edited by Students.

21 Feb 2026

The dispute arose from an FIR registered against the petitioner, a school principal, under Section 2 of the Prevention of Insult to National Honors Ac...

Supreme Court

Supreme Court Restores Revocation of Probate in Will Dispute — Testamentary Court Must Examine Execution and Suspicious Circumstances. High Court Erred in Limiting Testamentary Jurisdiction to Execution Only, Ignoring Non-Compliance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

21 Apr 2026

The present appeal arises from a dispute over the grant of probate of a Will dated 09.01.1976 allegedly executed by Eswaramurthy Gounder in favour of ...

High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

High Court of Karnataka Quashes Exit Permit for Deportation of Bangladeshi National Married to Indian Citizen — Right to Life and Liberty Under Article 21 Prevails Over Procedural Irregularities in Visa Overstay. The court held that deportation of a foreign national married to an Indian citizen with a child born in India violates Article 21 of the Constitution of India, and the exit permit was disproportionate and quashed.

5 Jan 2024

The petitioner, Raktima Khanum, a Bangladeshi national, filed a writ petition under Article 226 of the Constitution of India challenging an exit permi...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Company Directors in Cheque Dishonour Case Due to Lack of Specific Allegations — Section 141 of Negotiable Instruments Act, 1881 Requires Clear Averment of Role in Day-to-Day Affairs.

16 Jan 2024

The petitioners, a private limited company and its directors, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quash...

High Court

High Court of Karnataka Allows Writ Petition Seeking Further Investigation in Criminal Case — Magistrate's Order Quashed for Non-Application of Mind. Complainant's Right to Fair Investigation Upheld Under Section 173(8) CrPC.

18 Apr 2024

The petitioner, Smt. Hemavathi I.B., filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code o...

High Court

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

5 Apr 2024

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

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