Search Results for "distress warrant"

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High Court

High Court of Karnataka Quashes Arrest Warrant in Maintenance Case — Failure to Consider Objections and Lack of Proper Service Render Order Unsustainable. Family Court directed to reconsider husband's objections in proceedings under Section 125 CrPC after ensuring proper service of notice.

28 Apr 2026

The petitioner, Sri Sailesh Kumar, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengalur...

Supreme Court

Supreme Court Allows Canara Bank's Appeal in Compassionate Appointment Case — Sets Aside Compensation and Costs, Directs Reconsideration of Age Relaxation. The Court held that the High Court erred in substituting its own view on financial distress and in awarding compensation and costs without finding mala fides.

10 Feb 2025

The case involves an appeal by Canara Bank against a judgment of the Kerala High Court that directed the bank to appoint the respondent, Ajithkumar G....

Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

3 Sep 2024

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under DV Act — Foreign Divorce Decree Does Not Bar Domestic Violence Proceedings. The court upheld the magistrate's order granting maintenance and right to residence to the wife under Sections 12, 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that a US divorce decree precludes such relief.

22 Mar 2024

The case involves a revision application filed by Kaushal Arvind Thakker (applicant) challenging the judgment of the Sessions Court which dismissed hi...

High Court

Bombay High Court Dismisses Municipal Corporation of Delhi's Petition Seeking Mandamus Against State of Maharashtra to Execute Distress Warrants. Delhi Municipal Corporation Act, 1957 Has No Extra-Territorial Application, Hence No Duty on Maharashtra Authorities.

12 Jan 2024

The Petitioner, Municipal Corporation of Delhi (MCD), a statutory body under the Delhi Municipal Corporation Act, 1957, filed a writ petition in the B...

High Court

Bombay High Court Examines MCD's Recovery Notices Against MEPIDL for Territorial Overreach. Cross-Petitions on Attachment of Assets Outside Delhi Under DMC Act, 1957.

1 Feb 2023

The dispute arose from a contract dated 28th September 2017 between MEP Infrastructure Developers Limited (MEPIDL), a Mumbai-based enterprise, and the...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

Supreme Court

Supreme Court Dismisses Recusal Plea in Habeas Corpus Challenge to Contempt Detention; Holds Embarrassment and Alleged Error Insufficient for Judicial Withdrawal. Non-compliance of court's directions in contempt proceedings led to detention under Articles 129 and 142, and the bench ruled that allegations of bias were unfounded and did not necessitate recusal.

1 Jan 1970

The Supreme Court was seized of a criminal writ petition filed by Subrata Roy Sahara challenging an order dated 04.03.2014 passed by the same bench in...

Supreme Court

Supreme Court Allows Applicant in Medical Treatment Withdrawal Case — CANH Held to Be Medical Treatment and Withdrawal Permitted Under Best Interest Principle. Right to Die with Dignity under Article 21 Recognised to Include Withholding of Life-Sustaining Treatment from Patient in Permanent Vegetative State.

1 Jan 1970

The matter arose from a tragic accident in 2013 when Harish Rana, then a 20-year-old engineering student, fell from the fourth floor of his accommodat...

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