Search Results for "uncontroverted averments"

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Supreme Court Dismisses Petition Challenging Cognizance Order in SC/ST Act Case — Holds That Special Court Can Take Cognizance Directly and That High Court's Refusal to Quash Proceedings Was Not Erroneous.

The case involves a special leave petition filed by Ramveer Upadhyay and another against the State of Uttar Pradesh and another respondent. The petiti...

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Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...

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Bombay High Court Quashes FIR Against In-Laws in Dowry Harassment Case Due to Lack of Specific Allegations and Settlement Between Spouses. Court holds that continuation of proceedings against family members of husband would be an abuse of process of law when allegations are general and omnibus.

The applicants, who are the husband's family members (father, mother, sister, and brother-in-law), filed an application under Section 482 of the Code ...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...

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NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit.

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr...