Search Results for "Non-prosecution"

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Search Results for "Non-prosecution"

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High Court

High Court of Karnataka Dismisses Contractor's Writ Petition for Non-Prosecution Due to Absence and Vague Submission. Petitioner failed to appear and counsel left matters to court's imagination, leading to dismissal under Articles 226 and 227 of the Constitution of India.

3 Sep 2022

The petitioner, a registered Class-I Contractor, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court o...

High Court

Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

20 Dec 2013

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Prosecution and Lack of Evidence. Plaintiffs failed to prove readiness and willingness to perform contract for sale of immovable property.

20 Sep 2005

The appellants, M/s. Balaji Constructions Co. and its partners, filed a suit for specific performance of an agreement to sell immovable property again...

High Court

Bombay High Court Dismisses Application for Compensation for Use of Flat Due to Non-Prosecution and Lack of Evidence. Applicants failed to establish liability of Respondent No.3 for royalty or compensation under company law.

23 Jun 2005

The case involves a Company Application filed by Majid Ahmedbhai Oomerbhoy and others seeking compensation/royalty from Respondent No.3 for use of a f...

High Court

Bombay High Court Dismisses Employee's Petition for Reinstatement Due to Non-Prosecution and Lack of Merit. Termination of Chowkidar during probation period upheld as per service rules under National Cooperative Development Corporation Act, 1962.

16 Jun 2005

The petitioner, Shri Srikant Baburao Awthade, filed a writ petition challenging his termination from service as a Chowkidar with the National Cooperat...

High Court

Bombay High Court Dismisses Habeas Corpus Petition for Non-Prosecution and Lack of Merits — Alleged Illegal Detention of Wife Not Substantiated. The court held that the burden to prove illegal detention lies on the petitioner, and failure to appear and substantiate allegations leads to dismissal under Article 226 of the Constitution of India.

13 Jun 2005

The petitioner, Shri Anthonio F.D.P.S.D'Souza, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Co...

High Court

Bombay High Court Dismisses Contempt Petition for Non-Prosecution in Land Acquisition Case — No Wilful Disobedience Established Due to Petitioner's Absence and Lack of Evidence. The court held that contempt proceedings require strict proof of wilful disobedience and cannot proceed in absence of the petitioner under the Land Acquisition Act, 1894.

18 Feb 2005

The petitioner, Siddhappa Dhondappa Kamshetti, filed a contempt petition alleging wilful disobedience of an order dated 30.9.1998 passed by the Bombay...

High Court

Bombay High Court Dismisses Contempt Petition for Non-Prosecution and Lack of Proper Impleadment. Contempt proceedings cannot be initiated against a municipal corporation without impleading its officers, and the petition is dismissed for default as no one appeared for the petitioners.

11 Feb 2005

The contempt petition was filed by Shantilal Jethabhai Patel and National Industrial Company against M/s. Suniti Plastic Moulders (respondent No.1), M...

High Court

Bombay High Court Sanctions Amalgamation Scheme Under Sections 391-394 of Companies Act, 1956 — Objections by Creditors Rejected for Non-Prosecution. The court sanctioned the amalgamation of Silver Light Nirlepware Industries Private Limited with Duraware Private Limited after creditors failed to appear to press their objections.

10 Feb 2005

The judgment pertains to two company petitions filed under sections 391 to 394 of the Companies Act, 1956, seeking sanction of a scheme of amalgamatio...

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