Search Results for "Charge set aside"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Charge set aside"

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High Court

High Court of Judicature at Bombay Allows Accused in Criminal Application Concerning Sections 226 and 227 CrPC — Non-Compliance of Mandatory Procedure for Framing of Charge. Court held that compliance with Sections 226 and 227 of the Code of Criminal Procedure, 1973 is not an empty formality and must be reflected in the Roznama; absence of record of prosecutor opening case and court hearing accused before charge vitiated framing of charge for offences under Sections 302, 363, 364, 364-A, 201 read with 120B and 34 IPC and Section 66-C IT Act.

15 Jul 2025

The litigation arose from a criminal application filed before the Bombay High Court by the applicant, who was accused No.1 in Sessions Case No.472/202...

Supreme Court

Supreme Court Allows Appeal Against Madras High Court Decision on Validity of Security Bond and Priority in Rateable Distribution. Charge Created by Security Bond Held Valid Despite Lack of Attestation; Decree Holder Entitled to Priority Under Section 73(1) Proviso (c) Code of Civil Procedure.

4 Feb 1969

The appellant (M. L. Abdul Jabhar Sahib) instituted C.S. No. 56 of 1953 on the Original Side of the Madras High Court against Hajee Ahmed Batcha for r...

High Court

High Court Allows Writ Petitions Filed by Secured Creditor and Auction Purchasers, Quashing Attachment Orders of State Tax Authorities. Priority of Secured Creditor Under Section 26E of SARFAESI Act Held to Override ‘First Charge’ and Non-Obstante Clauses in the Maharashtra Goods and Services Tax Act, 2017.

13 Jul 2026

The High Court of Judicature at Bombay allowed a batch of six writ petitions filed by a secured creditor and auction purchasers, quashing various atta...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

High Court

Bombay High Court Partially Allows Petition Against Arbitral Award in Hire Purchase Dispute — Reduces Interest Rate from 36% to 24% per annum. Court holds that 36% per annum interest on delayed payments is penal and excessive, and reduces it to 24% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Jan 2015

The petitioners, Ashwin Crane & Construction and Ashwin Virji Dhame, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

26 Oct 2016

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

High Court

Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

15 Feb 2013

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

Supreme Court

Supreme Court Allows Workman's Appeal on Distribution of Company Assets in Liquidation. Holds that Secured Creditors Have Pari Passu Charge Only Over Properties Specifically Charged, Not All Assets; Workmen Have Priority for Uncharged Properties Under Sections 529 and 529A Companies Act, 1956.

1 Aug 2026

The dispute arose from the winding up of U.M.I. Special Steel Limited, a company registered under the Companies Act, 1956. The company became sick, an...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

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