Search Results for "Trial Fairness"

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC.

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of My...

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Supreme Court Dismisses Appeal Against Compromise Decrees Passed Without Appointment of Representatives Under U.P. Court of Wards Act. Section 56 of the U.P. Court of Wards Act, 1912, Held to be Directory and Not Mandatory, Validating the Compromise Decrees.

The dispute arose from two cross-suits between the appellant, proprietor of Ganeshpur Estate, and the respondent, proprietor of Ramnagar Estate, conce...

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Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

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High Court of Karnataka Hears Challenge to FIR Against Income Tax Officials: Sections 138 and 293 Income Tax Act Protection Argued. Court Examines Whether Notice Under Section 91 Cr.P.C. Can Override Statutory Safeguards in Search and Seizure Cases.

The writ petition was filed by income tax authorities under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of...

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High Court of Karnataka Quashes FIR Against Company and Directors in Prevention of Corruption Act Case Due to Lack of CBI Jurisdiction. Registration of FIR Without Involvement of Public Servant and Based on RBI Master Circular Held Without Authority, and Section 120B IPC Cannot Apply Standalone.

The case involved Associate Lumbers Private Limited and its directors, who had availed loan facilities from Corporation Bank (later Union Bank of Indi...

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High Court of Karnataka Examines Challenge to Commercial Court’s Dismissal of Section 34 Petitions Upholding Arbitral Awards on Escalation Claims. Dispute Arises Out of Delays in Five Hospital Renovation Projects Undertaken by Contractor and Alleged Breach of Contract by Government Entities.

The appellant, a contractor, was the successful bidder for 14 projects relating to the renovation and expansion of various government hospitals in Kar...

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Karnataka High Court Hears Writ Petition Seeking Compensation Under Right to Fair Compensation Act, 2013 for Land Allegedly Used for Government School and Road Since 1957. Petition Challenges Denial of Compensation Based on Inordinate Delay and Voluntary Handover by Predecessor.

The dispute arose from land in Survey No.51 of Haradagere Village, Tumkur District, originally owned by the father of the first petitioner. The proper...

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High Court of Karnataka Hears and Reserves Order on Interim Measures in Intellectual Property Dispute with Foreign Seated Arbitration. Petition Under Section 9 of Arbitration Act Questions Indian Court's Jurisdiction and Maintainability of Mandatory Injunction.

The applicant, a Singapore-incorporated company engaged in software development, filed a petition under Section 9 of the Arbitration and Conciliation ...