Search Results for "Vague Averments"

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Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Examines Arbitral Tribunal's Interim Order Directing Undertaking Against Alienation of Property. Arbitration Petition Filed Under Section 37 of the Arbitration and Conciliation Act, 1996 Challenging Order Under Section 17 in a Long-Pending Development Dispute.

The Arbitration Petition under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging the Arbitral Tribunal's interim order da...

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Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.

The plaintiff, Pidilite Industries Limited, a leading manufacturer of adhesives and sealants, filed a suit against Poma-Ex Products and others for tra...

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Bombay High Court Quashes DV Act Complaint Against Husband and Relatives for Lack of Domestic Relationship. The court held that the minor daughter is not an 'aggrieved person' and the wife has no domestic relationship with certain relatives under the Protection of Women from Domestic Violence Act, 2005.

The applicants, including the husband (Ganesh Rathod), his mother (Panchafulla Rathod), brother-in-law (Chintaman Chauhan), sister-in-law (Varsha Chau...

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Gujarat High Court Allows Revision Application by Chartered Accountant Against Condonation of Delay in Companies Act Prosecution. Delay of Over 7 Years in Filing Complaint Under Section 227/233 of Companies Act, 1956 Not Sufficiently Explained, Prosecution Barred by Limitation.

The present revision application was filed by Yogendra Gangawat, a practicing chartered accountant, challenging the order dated 03.09.2013 passed by t...

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Bombay High Court Quashes FIR Against Husband and Mother-in-law in Dowry Case Due to Lack of Specific Allegations. The court held that vague and omnibus allegations in FIR do not constitute offences under Sections 498-A, 406 IPC and Dowry Prohibition Act, warranting quashing under Section 482 CrPC.

The applicants, Sudhir Rangrao Patil (husband) and Madhavi Sudhir Patil (mother-in-law), filed a criminal application under Section 482 of the Code of...

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Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...