Search Results for "summons case procedure"

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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. ...

Search Results for "summons case procedure"

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High Court

Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Upholds Award of Mesne Profits and Interest. Court holds that an arbitral tribunal can award mesne profits for unauthorized use of property and interest from the date of cause of action, and that the court cannot re-appreciate evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

25 Oct 2018

The case involves two writ petitions filed by Kailash Anupam Khimsiya and Alpesh Maganlal Khimsiya (petitioners) challenging an arbitral award dated 3...

High Court

Bombay High Court Quashes Bar Council Disciplinary Order Against Advocate for Violation of Natural Justice — Order Passed by Unauthorized Committee Member Without Jurisdiction. The court held that a disciplinary committee under Section 36 of the Advocates Act, 1961 must be properly constituted and proceedings must comply with natural justice; a single advocate member cannot pass a binding order.

9 Aug 2023

The petitioner, Geeta Ramanugrah Shastri, an advocate practicing since 1985 and having served as Assistant Government Pleader and Additional Governmen...

High Court

Bombay High Court Allows Accused's Petition in Section 138 NI Act Case — Summons to Accused to Produce Documents Quashed as Violative of Right Against Self-Incrimination. The court held that a complainant cannot compel the accused to produce documents in his custody to rebut the defence, as it infringes Article 20(3) of the Constitution.

19 Jun 2013

The petitioner, Mahendrakumar Kanhyalal Jain, was the accused in Summary Criminal Case No. 3061/2003 pending before the Judicial Magistrate, First Cla...

Supreme Court

Supreme Court Allows Appeal Against High Court's Reversal in Wakf Compromise Decree Case — Commissioner's Notice Requirement Under Section 70(1) Bengal Wakfs Act, 1934, Satisfied by Impleading as Party. Compromise Decree Not Void Under Section 70(4) When Commissioner Had Full Notice of Suit and Opportunity to Contest.

15 Jul 1969

Background: The case involved a wakf al-al-aulad executed by Haji Abdul Karim in 1917, providing for family benefits and ultimately feeding the poor. ...

High Court

Bombay High Court Quashes Process Issued Against Police Officers in Custodial Torture Case Due to Absence of Sanction Under Section 197 CrPC. Acts of Procuring Confession by Assault During Investigation Held to Be Done in Purported Discharge of Official Duty, Requiring Prior Sanction Under Section 197 of Cr.P.C., 1973.

9 Jul 2026

Background: The case involves criminal writ petitions filed by three police officers (a Police Inspector and two Police Constables) challenging the or...

High Court

Bombay High Court Adjudicates Election Petition Regarding Improper Rejection of Nomination Paper Due to Disqualification Under Representation of People Act, 1951. Issue Centers on Whether Suspension of Conviction and Sentence Under Section 389 CrPC Removes Disqualification for Contesting Elections.

26 Oct 2005

This election petition under Section 81 of the Representation of the People Act, 1951 challenged the rejection of the petitioner's nomination paper fo...

High Court

Madras High Court Delivered Common Order in Writ Petitions Seeking FIR Registration and SIT Investigation into Alleged Cartelization in TANGEDCO Transformer Tenders. The Court Examined Allegations of Identical Bidding and Inflated Procurement Costs Causing Loss of Rs.397 Crores to Public Exchequer.

29 Apr 2026

The judgment pertains to three writ petitions filed under Article 226 of the Constitution of India, heard analogously by the Madras High Court. The pe...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute and Settlement Between Parties. The Court held that where the dispute is predominantly civil and the parties have settled, continuing criminal proceedings would be an abuse of process, warranting quashing under Section 482 CrPC.

18 Jan 2023

The appellant, Shriniwas Dinesh Kumar Gokuldas Kalantry, aged 66, a businessman residing in Ahmedabad, filed Criminal Application No. 573 of 2019 unde...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act for Non-Prosecution — Held That Dismissal Under Section 256 CrPC Without Giving Notice to Complainant Is Illegal. The court restored the complaint to its original number and directed the Magistrate to proceed from the stage prior to dismissal.

14 Jun 2022

The appellant, Dr. Kisanrao Gadekar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, filed against r...

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