Search Results for "acceptance without protest"

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Search Results for "acceptance without protest"

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High Court

Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Husband and Manager in Matrimonial Dispute — Lack of Prima Facie Case for Criminal Breach of Trust and Cheating. Complaint Alleging Misappropriation of Stridhan and Fabrication of Documents Fails as Dispute is Essentially Civil in Nature, Not Attracting Sections 406, 420, 465 IPC.

6 Aug 2024

The petitioners, accused No.1 (husband) and accused No.2 (manager of the husband's company), filed a criminal petition under Section 482 CrPC seeking ...

Supreme Court

Supreme Court Allows Second Complaint After Acceptance of Negative Final Report Under Section 173 Cr.P.C. — No Blanket Bar Exists. The Court held that Section 300(1) Cr.P.C. does not apply as there was no trial or conviction/acquittal, and a second complaint on same facts is maintainable if it discloses new facts or circumstances or if the earlier order was passed without proper application of mind.

1 Jan 2024

The case arose from a complaint filed by the second respondent on 11.11.2010 before the Chief Judicial Magistrate, Cachar, Silchar, which was forwarde...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Auction Dispute — No Criminal Offence Made Out in Absence of Fraud or Dishonest Intention. Sale Certificate Issued by Corporation Under Section 29 of SFC Act Confers Title; Subsequent Criminal Complaint for Cheating and Trespass Not Maintainable.

17 Aug 2021

The petitioner, Sri Nagaraj Rao C.H., filed a criminal petition under Section 482 CrPC seeking quashing of the order dated 30.07.2016 passed by the I ...

High Court

Bombay High Court Allows Writ Petition Challenging Pre-deposit Condition for Appeal Under MVAT Act — Petitioner's Appeal to Be Heard Without Further Pre-deposit as Amount Already Deposited Exceeds 10% of Disputed Tax. The court held that the appellate authority has discretion to waive or reduce the pre-deposit under Section 26(6) of the Maharashtra Value Added Tax Act, 2002, and the condition was unreasonable given the substantial amount already deposited.

8 Nov 2019

The petitioner, VVF (India) Limited, a public limited company engaged in the manufacture and sale of oleo-chemicals and personal care products, filed ...

Supreme Court

Supreme Court Allows Appeal Against High Court Order in Dowry Death Case — Sets Aside Direction for Fresh Consideration of Protest Petition. Magistrate's Order Accepting Final Report Upheld as Protest Petition Was Duly Considered and No Prima Facie Case Was Made Out Under Sections 304B, 498A, 201 IPC and Dowry Prohibition Act.

9 Jul 2019

The appeal arose from a criminal case registered under Sections 201, 304B, and 498A of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry ...

High Court

Bombay High Court Sets Aside Arbitral Award in Insurance Dispute — Wear and Tear Exclusion Not Applicable to Sudden Breakdown. The court held that the insurer failed to prove that the bearing failure was due to wear and tear, and the breakdown was a fortuitous event covered under the Industrial All Risk Policy.

15 Feb 2019

The petitioner, United Phosphorous Limited, was in the business of pesticides and chemicals. It purchased a Gas Turbine Engine from GE Packaged Power ...

High Court

Bombay High Court Upholds Arbitral Award in Insurance Dispute — Policy Exclusion for Wear and Tear Does Not Apply to Sudden Breakdown. The court held that the majority arbitrators' interpretation of the exclusion clause was plausible and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Feb 2019

The petitioner, United Phosphorous Limited, purchased a Gas Turbine Engine from GE and obtained an Industrial All Risk Policy from the respondent, Uni...

High Court

Bombay High Court Allows Summary Judgment in Favor of Rabo Bank in Bill of Exchange Collection Dispute — Defendant Bank Liable for Accepted Drafts Under Negotiable Instruments Act. The court held that the defendant's acceptance of bills of exchange created an unconditional liability to pay, and the defenses raised were not triable issues under Order XXXVII CPC.

15 Oct 2013

The plaintiffs, Rabo Bank, a banking organization incorporated under the laws of Nederland with a Singapore branch, filed a summary suit under Order X...

High Court

Bombay High Court Allows Appeal in Land Acquisition Case — Market Value Enhanced from Rs.50,000 to Rs.1,00,000 per Acre Based on Comparable Sale Instance. The court held that the Reference Court erred in ignoring a contemporaneous sale deed for adjacent land, which established a higher market value under Section 18 of the Land Acquisition Act, 1894.

17 Aug 2012

The appellant, Jaysukh Raghla Patel, filed a first appeal under Section 18 of the Land Acquisition Act, 1894, challenging the judgment and order dated...

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