Search Results for "willful violation"

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Search Results for "willful violation"

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Supreme Court

Supreme Court Upholds Contempt for Breach of Undertaking in Civil Suit — Disobedience of Undertaking Not Erased by Subsequent Dismissal of Suit. The Court held that an undertaking given to a court is binding and its willful disobedience constitutes contempt under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, regardless of the outcome of the main suit.

5 Mar 2025

The case arises from a civil suit where the plaintiffs sought to revoke a Joint Development Agreement (JDA) dated 30th April 2004. During the pendency...

Supreme Court

Supreme Court Dismisses Petitions in Securities Market Investigation Case, Upholding SEBI's Regulatory Authority. The Court rejected pleas for transfer of investigation to SIT and revocation of SEBI regulatory amendments, finding no apparent regulatory failure and emphasizing limited judicial review over SEBI's domain under the Securities and Exchange Board of India Act, 1992.

3 Jan 2024

The Supreme Court of India adjudicated a batch of writ petitions filed under Article 32 of the Constitution in February 2023, concerning allegations o...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Eviction Suit — Power of Attorney Validity and Evidentiary Value of Documents Under Scrutiny. Court sets aside appellate order remanding suit for fresh trial, holding that the appellate court exceeded its jurisdiction under Section 29A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 by interfering with trial court's discretion in marking documents.

28 Nov 2023

The Petitioner, Shree Raj Shrushti Residency Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging an order d...

High Court

Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

23 Dec 2021

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

High Court

Bombay High Court Quashes Show Cause Notice in CENVAT Credit Case Due to Violation of Natural Justice. Non-supply of documents and denial of cross-examination vitiated the notice under Article 226 of the Constitution.

8 Apr 2021

The petitioner, Supermax Personal Care Pvt. Ltd., a company engaged in manufacturing excisable goods such as safety razors, blades, and shaving system...

High Court

High Court of Bombay at Goa Allows Criminal Writ Petition in NDPS Case — Bail Cancellation Set Aside Due to Lack of Willful Violation of Conditions. The court held that cancellation of bail requires willful violation of conditions and that long pre-trial incarceration exceeding possible sentence warrants bail under the NDPS Act for small quantities.

1 Sep 2020

The petitioner, Sagar Sitaram Mitre, was accused No.2 in a case under the NDPS Act for possessing 5.5 grams of Ganja. He was granted bail on 18.12.201...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Breach of Consent Order in Property Dispute. Court holds that undertaking to vacate premises by a specified date does not constitute an unequivocal undertaking to the court, and breach of a consent term does not automatically amount to civil contempt under the Contempt of Courts Act, 1971.

31 Oct 2018

The Petitioner, Mr. Swaranjeet Singh, filed a contempt petition alleging breach of a consent order and an undertaking given to the court in Suit No.25...

High Court

Bombay High Court Dismisses Contempt Notices Against Defendant in Patent Infringement Suit — No Willful Disobedience Found. Court holds that breach of an order must be willful and deliberate to constitute contempt under Order 39 Rule 2A CPC, and mere technical or inadvertent violations do not attract punishment.

28 Jun 2016

The Plaintiff, CTR Manufacturing Industries Ltd., filed a patent infringement suit against Sergi Transformer Explosion Prevention Technologies Pvt. Lt...

High Court

Bombay High Court Dismisses Contempt Petition Against Son for Alleged Violation of Injunction Order in Mother's Suit. Court Holds That Mere Entry into Suit Premises Does Not Constitute Willful Disobedience When Order Permits Shared Use of Room.

11 Apr 2005

The petitioner, Sunanda Madusudan Bhoir, filed a contempt petition against her son, Pradip Madusudan Bhoir, alleging willful disobedience of an order ...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Violation of Status Quo Order in Property Dispute. Court holds that demolition of unauthorized structures by Municipal Corporation does not constitute contempt without proof of willful disobedience.

24 Feb 2005

The petitioner, Suleman Haji Ismail, filed a contempt petition alleging that the respondents, including the Municipal Corporation of Greater Bombay an...

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