Search Results for "statutory defences"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "statutory defences"

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High Court

Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

23 Dec 2016

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal for Lack of Permission Under Section 170 of Motor Vehicles Act, 1988. Insurer Cannot Challenge Award on Merits Without Tribunal's Satisfaction of Collusion or Non-Contest by Owner.

11 Apr 2005

The case involves an appeal filed by the Oriental Insurance Co. Ltd. against the order of the Motor Accidents Claims Tribunal, Raigad at Alibag dated ...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

22 Jan 2025

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

Supreme Court

Supreme Court Upholds Magistrate's Summoning Order in Hawala Case — High Court's Revision Order Set Aside. Court holds that at the stage of taking cognizance under Section 190(1)(b) CrPC, the Magistrate need not record detailed reasons; sufficiency of grounds is to be assessed from the charge sheet and accompanying documents.

8 Feb 2019

The Supreme Court allowed the appeal filed by the State of Gujarat against the judgment of the Gujarat High Court which had set aside the order of the...

High Court

Bombay High Court Quashes Criminal Proceedings Against Company Officials in Insecticide Act Case Due to Non-Joinder of Manufacturing Company and Expiry of Sample Shelf Life. The court held that without the company being arraigned as an accused, vicarious liability cannot be imposed on its officers, and the expiry of the sample's shelf life deprived the accused of their statutory right to get the sample tested from a third laboratory under Section 24(3) of the Insecticides Act, 1968.

22 Jan 2018

The petitioners, accused Nos. 2 and 3 in R.C.C. No. 479/2015 pending before the Chief Judicial Magistrate, Parbhani, filed a criminal writ petition un...

High Court

High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court held that in the absence of evidence of income and negligence, the compensation awarded by the Tribunal was excessive and not sustainable.

13 Mar 2013

The case involves multiple appeals filed by the Oriental Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988, against the j...

High Court

Bombay High Court considers rejection of plaint under Order VII Rule 11 and Order XXIII CPC in suit by trustee alleging siphoning of funds from trust. Defendants seek dismissal on grounds of forgery, abuse of process, and frivolous pleadings.

24 Mar 2014

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High Court

High Court of Gujarat Allows Insurance Company's Appeal in Tractor Accident Case — Pay and Recovery Order Set Aside. The Court held that the Tribunal exceeded its jurisdiction by directing the insurer to pay and recover compensation for an unauthorized passenger in a goods vehicle, as the risk was not covered under Section 147 of the Motor Vehicles Act, 1988.

15 Jan 2026

The case involves an appeal by The New India Assurance Company Limited against the judgment and award dated 08.02.2022 passed by the Motor Accident Cl...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

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