Search Results for "Non-prosecution"

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Search Results for "Non-prosecution"

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High Court

Madras High Court Allows Revision Petition Under Article 227 Against Dismissal of Application Under Order XLI Rule 19 CPC — Maintainability Upheld Despite Availability of Appeal Under Order XLIII Rule 1(t) CPC. First Appellate Court Erred in Deciding Appeal on Merits Instead of Dismissing for Non-Prosecution Under Order XLI Rule 17 CPC.

30 Jan 2026

The revision petitioner, Thulasi Naicker, was the plaintiff in O.S.No.166 of 2002 before the District Munsif Court, Chengalpet, which was dismissed on...

High Court

High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

High Court

Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

10 Oct 2017

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance Award Under Section 125 CrPC Due to Non-Prosecution. Maintenance of Rs. 2000 for Wife and Rs. 1000 for Child Upheld as Reasonable.

14 Sep 2017

The petitioner, Nitin Kumar Mahant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the judgment a...

High Court

High Court of Karnataka Allows Revision Petitions in Cheque Dishonour Cases — Conviction Set Aside Due to Non-Prosecution of Complainant and Lack of Evidence. The court held that the dismissal of complaint for default was proper and restoration without notice to accused was illegal, and the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881.

12 Apr 2016

The case involves three criminal revision petitions filed by the accused (M/s Ideb Buildcon Private Limited, H S Bedi, Avneet Bedi, and Oan Ali Zahid)...

High Court

High Court of Karnataka Dismisses Appeal Against Preliminary Decree in Partition Suit — Appellant Fails to Appear or Argue. Court upholds trial court's finding that plaintiff and defendant Nos.2-4 are entitled to 1/4th share each in joint family properties under Hindu Succession Act, 1956.

9 Mar 2016

The appellant, a defendant in a partition suit, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure...

High Court

High Court of Karnataka Allows Criminal Revision Petition, Sets Aside Dismissal of Appeal for Non-Prosecution. Appellate Court Must Decide Criminal Appeal on Merits Under Section 397 CrPC.

9 Feb 2016

The petitioner, H.A. Devegowda, filed a criminal revision petition under Section 397 of the Code of Criminal Procedure, 1973, challenging the order da...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Surplus Land Determination Under Ceiling Act Due to Non-Prosecution. Petitioner Failed to Appear or Argue, Leading to Dismissal of Writ Petition Filed in 1992.

14 Dec 2010

The petitioner, Bapurao s/o Umaji Bapmare, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangab...

High Court

Bombay High Court Dismisses Tenant's Writ Petition for Non-Prosecution in Eviction Case for Willful Default. Tenant failed to appear despite multiple opportunities, leading to dismissal of challenge against eviction order.

7 Dec 2010

The petitioner, Hanmant s/o Vitthalrao Ghodke, was a tenant in a municipal house No. 172/2 at Lokhand Galli, Latur, owned by the respondent, Chandrash...

High Court

Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

30 Nov -0001

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...

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