Search Results for "complaint maintainability"

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Search Results for "complaint maintainability"

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Supreme Court

Supreme Court Dismisses State's Suit Under Article 131 for Lack of Cause of Action and Suppression of Material Facts. The suit challenging the validity of notifications under the DSPE Act was held not maintainable as the dispute was not between the State and the Union but between the State and its own officers.

10 Jul 2024

The State of West Bengal filed a suit under Article 131 of the Constitution of India against the Union of India, challenging the validity of notificat...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

20 Jul 2023

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

Supreme Court

Supreme Court Dismisses Appeal by Condominium Association for Lack of Locus Standi Under Consumer Protection Act. Statutory Body Formed Under Karnataka Apartment Ownership Act, 1972 Is Not a Voluntary Consumer Association or Consumer Under Section 12 of the Consumer Protection Act, 1986.

14 Feb 2020

The appellant, Sobha Hibiscus Condominium, is a statutory body formed under the Karnataka Apartment Ownership Act, 1972, comprising owners of apartmen...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Prima Facie Case — Complaint Alleging Forgery and Cheating Dismissed as Civil Dispute. The court held that where the dispute is predominantly civil in nature and the criminal complaint is filed to pressurize the opposite party, the proceedings are liable to be quashed under Section 482 CrPC.

1 Feb 2017

The petitioners, Balaji Trading Company and its partners, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

Bombay High Court Allows Employee's Writ Petition in Unfair Labour Practice Case — Industrial Court's Reversal of Labour Court's Finding of Victimization Set Aside. The Court held that the Industrial Court erred in reversing the Labour Court's order without properly considering evidence of victimization and biased enquiry under Item 1(f) of Schedule IV of MRTU & PULP Act, 1971.

15 Jul 2016

The petitioner, Shantaram Yashwant Mahale, a former employee of the Maharashtra State Road Transport Corporation (MSRTC), filed a writ petition challe...

High Court

Bombay High Court Dismisses Writ Petition Against Unaided Private Minority School for Expulsion of Students Due to Non-Maintainability. Writ petition against private unaided minority educational institution not maintainable as it does not perform public function or statutory duty under Article 226 of the Constitution of India.

21 Jul 2015

The petitioner, Jayshree Vijay Mundaware, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengin...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Labour Court Order Setting Aside Retrenchment as Unfair Labour Practice. Employer Failed to Prove Genuine Closure, Retrenchment of 23 Workmen Without Complying with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

18 Dec 2013

The petitioner, M/s. Sanket Food Products Pvt. Ltd., challenged the judgments of the Labour Court and Industrial Court which held that the retrenchmen...

High Court

Bombay High Court Dismisses PIL Against Politician for Alleged Disproportionate Assets — No Prima Facie Case Made Out. Petitioner failed to provide credible material to justify investigation under Prevention of Corruption Act, 1988.

21 Jul 2011

The petitioner, an RTI activist, filed a PIL in the Bombay High Court alleging that respondent 9, a politician and former Home Minister of Maharashtra...

High Court

Bombay High Court Quashes Summons in Cheating Case for Lack of Territorial Jurisdiction and Non-Disclosure of Offence. The court held that the Magistrate at Indore had no jurisdiction as no cause of action arose there, and the complaint did not disclose any offence under Sections 420 or 406 IPC.

24 Mar 2005

The petitioners challenged the summons issued by the Additional Chief Judicial Magistrate at Indore under Sections 420 or 406 read with Section 120-B ...

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