Search Results for "Complaint Maintainability"

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Dismisses Writ Petitions Challenging Coastal Zone Violation Orders Due to Alternative Remedy Under NGT Act. Petitioners failed to establish pre-1991 construction and could not bypass statutory appeal under Section 22 of the National Green Tribunal Act, 2010.

The judgment concerns two writ petitions filed by Prasad Naik and Rosalina de Souza against orders of the Goa Coastal Zone Management Authority (GCZMA...

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Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

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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.

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

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Bombay High Court Quashes Criminal Proceedings in Commercial Dispute — Abuse of Process Under Section 482 CrPC. Dispute Between Supplier and Buyer of Packaging Material Lacks Ingredients of Cheating and Criminal Breach of Trust Under Sections 406 and 420 IPC.

The applicants, Tetra Pak India (P) Ltd., Tetra Pak International Company, and Mr. Sunil Tembe, filed an application under Section 482 of the Code of ...

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Bombay High Court Allows Criminal Writ Petition of Divorced Wife in Domestic Violence Act Case — Subsistence of Marriage Not Required for Maintainability. Economic Abuse After Divorce Can Be Addressed Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Ms. Aradhana Walkade, and the respondent, Mr. Chandrashekar Vaidya, were married on 8/8/2001 and had a daughter. They were divorced by...

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Bombay High Court Dismisses Letters Patent Appeal Against Charity Commissioner's Enquiry Order in Trust Misappropriation Case. Res Judicata Not Applicable as Earlier Enquiry Was Not a Proper Enquiry on Merits.

The case involves a Letters Patent Appeal filed by Rustomjee Kerawalla Foundation against an order of the Learned Single Judge dated 31 July 2012. The...