Search Results for "Vague Averments"

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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High Court of Karnataka Quashes Criminal Proceedings in Matrimonial Dispute Due to Compromise Between Husband and Wife. Proceedings under Sections 498A, 420 IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 quashed as continuation would be an abuse of process of law.

The petitioner-husband filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in C.C.No.24483/2018 arising from Crime No.112...

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Bombay High Court Quashes FIRs in Multiple Cheque Bounce Cases Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. Court holds that failure to refer disputes to mediation before taking cognizance renders criminal proceedings invalid.

The Bombay High Court dealt with multiple writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

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Madras High Court Allows Condonation of 70-Day Delay in Setting Aside Exparte Decree — Liberal Approach to Delay Condonation. Petitioner's Ill-Health and Death of Plaintiff Constitute Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Civil Revision Petition was filed by Kumaran, the defendant in O.S.No.129/2016 on the file of the District Munsif Court, Sholinghur. The responden...

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Gujarat High Court Dismisses Condonation of Delay Application in Land Acquisition Appeal Due to Unexplained Inordinate Delay of 3292 Days. Delay of over 9 years in challenging 2016 order held not liable to be condoned as applicants failed to provide sufficient cause.

The judgment pertains to two Civil Applications filed by the applicants seeking condonation of delay of 3292 days in preferring Letters Patent Appeals...

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Bombay High Court Quashes FIR Against In-Laws in Dowry Case Due to Lack of Specific Allegations. General and Omnibus Allegations Against Applicant Nos.4 to 8 Do Not Disclose Offences Under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

The Bombay High Court, Bench at Aurangabad, heard a criminal application under Section 482 CrPC filed by eight applicants seeking quashing of FIR No. ...

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Bombay High Court Grants Anticipatory Bail to Accused in Dowry Death Case — No Prima Facie Case of Cruelty or Abetment of Suicide. Allegations under Sections 498-A, 304-B IPC and Dowry Prohibition Act not made out as there was no demand of dowry soon before death and no evidence of cruelty.

The applicants, six family members of the deceased's husband, filed an application under Section 438 of the Code of Criminal Procedure, 1973 seeking a...