Search Results for "summary proceeding"

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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...
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Search Results for "summary proceeding"

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High Court

Bombay High Court Dismisses Winding Up Petitions Against Respondent — Disputed Debt and Bona Fide Defence Preclude Admission. The court held that a winding up petition under Sections 433 and 434 of the Companies Act, 1956 cannot be admitted when the debt is bona fide disputed and the company has a substantial defence, as the remedy is not for recovery of debt but for insolvency.

6 Jun 2017

The petitioner,  filed two winding up petitions under Sections 433 and 434 of the Companies Act, 1956 against Respondent., seeking winding up on ...

High Court

Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off.

11 Jan 2022

The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright in...

High Court

High Court Quashes Criminal Proceedings Against Accused in SC/ST Act Case Finding Abuse of Process by Complainant. Dispute Pertaining to Property Ownership and Possession Found to be Purely Civil in Nature, Not Criminal, Under Sections 465, 468, 471, 420, 506 IPC and Sections 3(1)(f)(p)(r)(s), 3(2)(va) of SC/ST Act.

28 Jul 2023

The petitioners, accused Nos. 2 and 3, sought quashing of criminal proceedings under Section 482 Cr.P.C. arising from Crime No.219/2018 for offences u...

Supreme Court

Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

1 Oct 2024

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties — Section 498A IPC and Section 4 Dowry Prohibition Act. Compromise reached between husband and wife leads to quashing of FIR and all proceedings in C.C.No.15166/2020.

16 Jun 2023

The petitioners, who are the husband (accused No.1), mother-in-law (accused No.2), and father-in-law (accused No.3), filed a criminal petition under S...

High Court

Bombay High Court Allows Section 8 Application and Refuses Summary Judgment in Commercial Suit for Recovery of Rs. 54.46 Crores. The court held that the existence of an arbitration agreement in the overarching Logistics Agreement and Product Purchase Agreement mandates reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, barring the court from passing a decree in the summary suit.

12 Mar 2018

The plaintiff, Drive India Enterprise Solutions Ltd., filed a summary suit against the defendant, Haier Telecom (India) Pvt. Ltd., seeking a money dec...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Allows Withdrawal of Deposited Amount in Summary Suit for Recovery of Debt. Plaintiff entitled to withdraw amount deposited by defendant as condition for leave to defend, subject to furnishing security.

9 Mar 2012

The plaintiff, SKF India Ltd., filed a summary suit against the defendant, Banarasi Lal Madan, for recovery of Rs. 1,28,80,060.87 based on invoices, a...

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