Search Results for "Vague Averments"

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Search Results for "Vague Averments"

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High Court

High Court of Bombay Considers Motion to Set Aside Arrest of Vessel in Admiralty Suit: Arrest of M.V. Rainbow Ace Challenged on Ground of Non-Establishment of Common Beneficial Ownership Between Vessel Owner and Defaulting Charterer. Defendant Vessel Owner Asserts No Common Beneficial Ownership with Charterer, Seeking to Vacate Ex-Parte Arrest Order in Maritime Claim for Damages Under Voyage Charterparty.

6 May 2013

In the High Court of Judicature at Bombay, Admiralty and Vice Admiralty jurisdiction, the applicant, owner of the vessel M.V. Rainbow Ace, filed a not...

High Court

Bombay High Court Quashes Criminal Proceedings Against Husband and In-Laws in Dowry Harassment Case Due to Vague Allegations. General and Omnibus Allegations Without Specific Instances of Cruelty or Dowry Demand Do Not Attract Section 498-A IPC.

20 Jul 2015

The applicants, who are the husband (applicant no.1), mother-in-law (applicant no.2, aged 74 and bedridden), and two brothers-in-law (applicants 3 and...

High Court

Bombay High Court Quashes Criminal Proceedings Against Company and Director in Cheque Dishonour Case Due to Lack of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role and Responsibility of Directors at the Time of Offence.

14 Jun 2012

The petitioners, Western Projects Limited (a company) and Dinesh Singh Mehta (a director), were original accused Nos. 13 and 14 in Criminal Case No. 4...

High Court

Bombay High Court Quashes MPDA Detention Order for Dangerous Person Due to Non-Application of Mind and Lack of Material to Show Prejudice to Public Order. The court held that the detaining authority failed to properly consider the material and the alleged activities did not affect public order.

27 Jan 2026

The petitioner, Chandrashekhar @ Chandya s/o Devrao Paikrao, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded u...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

High Court of Judicature at Bombay Quashes Summons Against Company Secretary in Cheque Dishonour Case Due to Lack of Specific Averments. Company Secretary Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Allegation of Being In-Charge of Business or Consent/Connivance/Negligence.

30 Sep 2021

The matter arose from two criminal writ petitions filed under Article 227 of the Constitution of India before the High Court of Judicature at Bombay, ...

High Court

High Court of Karnataka Hears Petitions Seeking Quashing of Criminal Proceedings in Land Grant Fraud Case. Petitioners Argue Complaint Lacks Specific Allegations and Trial Court Erred in Ordering Investigation.

2 Aug 2021

Three criminal petitions were filed under Section 482 of the Code of Criminal Procedure, 1973 by accused Nos. 2 to 4 in PCR No.30/2012 seeking to quas...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Share Purchase Dispute — Upholds Majority Award on Misrepresentation of Receivables. The court held that the arbitral tribunal's findings on misrepresentation and damages were not perverse and did not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996.

16 Mar 2012

The petitioner, GWL Properties Ltd. (formerly Gordon Woodroffe Ltd.), challenged a majority arbitral award dated 31 August 2009 under Section 34 of th...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

2 May 2019

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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