Search Results for "wrongful declaration"

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High Court of Karnataka Quashes FIR Against Company Official in Cheating Case Due to Illegal Arrest and Lack of Sanction Under Section 197 CrPC. Arrest by Police Officers Not on Deputation Held Unconstitutional.

The petitioner, Sri Srinath Mangalore, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code...

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High Court of Judicature at Bombay Allows Landowners’ Challenge to Land Acquisition Award and Corrigendum After 31 Years Due to Invalid Inclusion. Corrigendum Issued Without Statutory Power to Modify Final Award Beyond Reasonable Time Declared Void, and Award Excluding Landowners’ Land Not Binding.

The petitioners, legal heirs of the original landowner Late Ahamad Izzat Mohammed Hasham Dada, filed a writ petition under Article 226 of the Constitu...

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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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High Court of Karnataka Adjudicates First Appeal Under Section 96 CPC in a Land Title and Possession Dispute Between Two Educational Trusts. The Appeal Arises from Dismissal of Suit for Declaration, Permanent and Mandatory Injunction by the Trial Court.

The dispute involved two educational trusts, the Golden Valley Educational Trust (plaintiff) and the Vokkaligara Sangha (defendant), over land granted...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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Bombay High Court Dismisses Writ Petition Challenging Election of Corporators in Pune Municipal Corporation for Lack of Material to Prove Corrupt Practice. Allegations of impersonation and false affidavits not substantiated; election petition remedy available under BPMC Act.

The petitioner, Shri Vijay Waman Deshmukh, filed a writ petition under Article 226 of the Constitution of India challenging the election of respondent...