Search Results for "Triable Issue"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "Triable Issue"

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High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Suit Based on Triable Issues of Limitation and Cause of Action. Application under Order VII Rule 11 CPC Rejected as Plaintiff Disclosed Cause of Action Through Trust Deed and Pleaded Continuing Breach Under Section 22 Limitation Act, Making Suit Maintainable.

9 Mar 2026

The dispute arose from a commercial suit filed by the plaintiff, against Applicant, seeking specific performance of a contract dated 2nd February 2008...

High Court

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. Failure to Serve Valid Notice Within 15 Days of Dishonour Renders Complaint Not Maintainable.

17 Dec 2019

The petitioner, Mohd. Jahir Mohd. Shikur, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, ...

High Court

Bombay High Court Quashes Section 307 IPC in Land Dispute Case — No Intent to Kill Found. Magistrate's Order to Issue Process Under Section 307 IPC Set Aside as Allegations of Strangulation Were Not Supported by Investigation and No Intention to Cause Death Was Evident.

16 Oct 2019

The petitioners, original accused in a criminal case, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challengin...

High Court

Bombay High Court Quashes Demand Against Mutual Fund Under Section 177(3) of Income Tax Act — Holds That Beneficiaries of Securitization Trust Are Not Liable for Trust's Tax Demand. Section 177(3) of Income Tax Act, 1961 does not impose joint and several liability on beneficiaries of a securitization trust for the trust's tax dues when the trust is assessed as a separate entity and the beneficiary holds only pass-through certificates.

6 Mar 2013

The petitioner, UTI Mutual Fund, is a registered mutual fund under SEBI regulations. It invested in a securitization trust called Indian Corporate Loa...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit Based on Dishonoured Cheque and Guarantee — Triable Issues Raised Regarding Authority and Fraud. The court held that the defendants raised substantial triable issues including lack of authority and fraud, entitling them to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

23 Aug 2012

The plaintiff, Ashapura Aluminum Limited, filed a summary suit against the defendants, including Jayesh Nagindas Doshi, based on a dishonoured cheque,...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 NI Act Due to Non-Compliance with Mandatory Notice Requirements. Dishonour of Cheque Complaint Quashed as Notice of Demand Was Not Served Within 15 Days of Receipt of Information of Dishonour as Required Under Section 138(b) of Negotiable Instruments Act, 1881.

22 Dec 2006

The applicant, Smt. Ramilaben Trikamlal Shah, filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 agains...

High Court

Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

11 Aug 2006

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

High Court

Bombay High Court Quashes Criminal Proceedings Against Family Members in Dowry Death Case Due to Lack of Specific Allegations. Vague and omnibus allegations against twelve applicants under Sections 498-A, 304-B IPC and Dowry Prohibition Act not sufficient to sustain prosecution; proceedings quashed to prevent abuse of process.

30 Nov -0001

The case involves a criminal application filed by twelve applicants, who are family members of the husband (Machindra Shankar Jounjal), seeking quashi...

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