Search Results for "incurable defect"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "incurable defect"

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High Court

Bombay High Court Allows Application for Dismissal of Election Petition for Non-Disclosure of Cause of Action — Alleged Defects in Nomination Papers Not Substantial Under Representation of the People Act, 1951. Court held that failure to plead material facts and material effect on election result warrants rejection under Order VII Rule 11 CPC.

15 Oct 2024

The present application was filed by the returned candidate, Anil Yeshwant Desai, who was Respondent No.1 in the Election Petition, seeking dismissal ...

High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes Assessment Order in Transfer Pricing Case for Violation of Natural Justice — Failure to Provide Show-Cause Notice and Opportunity of Hearing Renders Order Invalid. Petitioner's Objections to Draft Assessment Order Not Considered, Violating Section 144C of Income Tax Act, 1961.

28 Jul 2021

The petitioner, SHL (India) Private Limited, an Indian company and part of the SHL Group, United Kingdom, filed a writ petition under Article 226 of t...

Supreme Court

Supreme Court Dismisses SLP Against High Court Order Rejecting Election Petition for Incurable Defects and Disqualification Under Section 8(3) of the Representation of the People Act, 1951. The Court held that defects in verification and prayer are incurable under Section 86(1) and that disqualification continues despite suspension of sentence.

9 Dec 2020

The petitioner, Saritha S. Nair, filed her nomination as an independent candidate for the Ernakulam Lok Sabha constituency in the April-May 2019 elect...

High Court

Bombay High Court Allows Tenant's Writ Petition in Rent Control Eviction Case — Suit Filed Before Expiry of 90-Day Notice Period Under Section 15(2) of Maharashtra Rent Control Act, 1999 Held Without Jurisdiction. The defect of premature filing is not curable and can be raised for the first time in writ petition.

7 Jul 2016

The petitioner, a tenant in premises owned by the respondent, was served with a demand notice under Section 15(2) of the Maharashtra Rent Control Act,...

High Court

Bombay High Court Upholds Validity of Assessment Orders Issued in Trade Name Despite Proprietor's Participation — Estoppel by Conduct Bars Challenge to Notice. The Court held that assessment orders are not non-est merely because notices were issued in the trade name, as the proprietor participated in proceedings without objection.

15 Mar 2016

The case involves multiple sales tax references filed by the Commissioner of Sales Tax against M/s. Klip Nail Care and other respondents. The common q...

High Court

High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Provide Sufficient Opportunity to Appellant Before Dismissal Under Section 21 of Karnataka Municipalities Act, 1964.

10 Mar 2015

The present appeal was filed under Section 27 of the Karnataka Municipalities Act, 1964, challenging the order dated 11.11.2013 passed by the Senior C...

High Court

High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Consider Sufficient Cause for Absence Under Section 151 CPC.

10 Mar 2015

The appellant, Mr. K. Krishnaraj Hegde, filed an election petition under Section 21 of the Karnataka Municipal Corporation (Election) Act 1979 before ...

High Court

Bombay High Court Dismisses Husband's Appeal for Annulment of Marriage on Ground of Wife's Mental Illness — Consent Not Vitiated by Mistake Under Civil Law (Family Laws) as Applicable in Goa. Court holds that husband failed to prove that wife was suffering from incurable mental disease at the time of marriage.

26 Oct 2005

The appellant, Vidyadhar Baburao Chodankar, married the respondent, Malini Vidyadhar Chodankar, on 13 May 1993 under the Special Marriage Act, with a ...

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