Search Results for "Civil Remedy"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
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Search Results for "Civil Remedy"

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High Court

High Court Quashes FIR Against Bank Officials and BGR Energy Executives in Bank Guarantee Dispute -- No Criminal Intent Found in Commercial Transaction Under IPC Sections 420, 403, 406, 418, 425, 427 read with 34

23 Feb 2026

The High Court quashed an FIR registered against bank officials and company executives alleging criminal offences in connection with bank guarantee tr...

Supreme Court

Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

3 Feb 2026

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

High Court

High Court declined to quash FIR in Land Fraud Case Under Bharatiya Nyaya Sanhita, 2023 though Civil Nature of Dispute and Complaint by Power of Attorney Holder is sustained

30 Jan 2026

The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) fo...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Land Dispute Case, Finds Abuse of Process and Civil Nature of Allegations Under Sections 420, 467, 468 IPC

24 Sep 2025

The Supreme Court quashed criminal proceedings against Anukul Singh for offences under Sections 420, 467, and 468 IPC, finding them to be an abuse of ...

Supreme Court

Supreme Court Dismisses Appeal in MHADA Redevelopment Case Upholding High Court's Decision on Writ Petition Maintainability. Court Finds No Interference with Contractual Rights as Agreements Were Unregistered and MHADA Had Authority Under Regulation 33(9) of Development Control and Promotion Regulations, 2034 to Issue E-Tender for Private Land Redevelopment.

16 Apr 2025

The dispute arose from an e-tender issued by the Maharashtra Housing and Area Development Authority (MHADA) for the redevelopment of a privately owned...

Supreme Court

Supreme Court Dismisses Appeal in Gas Supply Contract Dispute Over Transportation Charges. The court upheld the High Court's quashing of contractual clauses imposing loss of transportation charges, finding the writ petition maintainable under Article 226 of the Constitution of India despite contractual arbitration clauses, and addressed limitation issues for refund claims.

8 Apr 2025

The dispute arose between M/s Gas Authority of India Limited (GAIL) and Indian Petrochemicals Corporation Ltd. (IPCL) regarding a gas supply contract ...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

High Court

Writ Petition Dismissed: Court Declines to Entertain Petition Involving Disputed Facts, Directs Petitioner to Seek Civil Remedy. The Bombay High Court dismisses a writ petition filed by a Charitable Trust seeking unpaid government grants, citing seriously disputed questions of fact and suggesting that a civil suit is the appropriate remedy.

10 Oct 2024

The petitioner, a Charitable Trust engaged in running fodder feeding camps for cattle under a government scheme, sought a writ of mandamus to claim ou...

High Court

Court Quashes FIR in Marriage Cheating Case, Allows Civil Remedy. Court rules lack of criminal intent in elopement case, quashes FIR under Section 420 IPC, reserves liberty for civil action.

28 Aug 2024

1) Introduction: The court took up the final hearing with the consent of both parties regarding an FIR filed under various sections of the Indian Pena...

Supreme Court

Quashes Criminal Proceedings in Land Fraud Case. Court Rules in Favor of Appellants, Citing Abuse of Process and Benami Transactions Act

15 May 2024

Criminal Law, Fraudulent Land Deals, Abuse of Process, Benami Transactions Criminal Proceedings, Fraudulent Inducement, Breach of Trust, Civil Remedi...

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