Search Results for "successive petition"

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Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

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Supreme Court Allows Appeal in Service Law Case Over Resignation and Pension Benefits. Withdrawn Resignation Before Acceptance is Ineffective, and State Cannot Pass Successive Adverse Orders After Judicial Finality, Entitling Appellant to Pension Based on Minimum 25 Years Service Under Pension Rules.

The dispute involved an Auxiliary Nurse Midwife appointed in 1980 who submitted her resignation on 18 April 1993 but withdrew it on 23 November 1993 b...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Legal Notices Permissible Under Section 138 of Negotiable Instruments Act. Delay in Filing Complaint Condoned as Sufficient Cause Shown.

The dispute arose from two cheques drawn on the State Bank of India for Rs 36,00,000 and Rs 13,00,000, which were dishonoured and returned unpaid unde...

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Bombay High Court Quashes Criminal Proceedings in Family Loan Dispute — Dispute Essentially Civil, Not Criminal. Failure to Repay Loan and Dishonour of Cheques Do Not Attract Offences Under Sections 409 and 420 IPC When No Deception at Inception.

The petitioners, who are the original accused, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the Code ...