Search Results for "negative averments"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "negative averments"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Negative Declaration of Marriage. The court held that a suit seeking declaration that no marriage was solemnized is maintainable under Section 9 CPC and Section 34 Specific Relief Act, 1963, as it pertains to legal character and status.

6 Mar 2025

The case involves a civil revision application filed by the defendant (applicant) against an order of the Civil Judge rejecting the defendant's applic...

High Court

Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

6 Sep 2024

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

Supreme Court

Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director.

9 Dec 2022

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable ...

High Court

High Court of Karnataka Quashes Proceedings Against Directors in Cheque Dishonour Case — Directors Not in Charge of Company Affairs at Relevant Time. Section 138 NI Act Liability Requires Active Role in Business; Vicarious Liability Not Automatic for All Directors.

2 Nov 2022

The petitioners, Heena Thirumali Sateesh and Hanumanth Inamdar, were directors of Hoysala Projects Private Limited. The respondent, M/s Minimelt Engin...

High Court

Bombay High Court Quashes Process Against Partners in NI Act Case for Lack of Specific Averments. Complaint failed to disclose specific role of partners in cheque issuance, making prosecution an abuse of process.

8 Feb 2019

The applicants, Shivangi Garg and Indu Navin Agrawal, were arrayed as accused 3 and 4 in Criminal Complaint 1224 of 2015 filed by Anuj Shrikant Tabere...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

25 Jan 2019

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint ...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

25 Jan 2019

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

20 Feb 2018

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

High Court

Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency — Allegations of Improper Nomination Acceptance and Corrupt Practices Not Proven. The court held that the petitioner failed to discharge the burden of proof under Section 100(1)(d)(i) and Section 123 of the Representation of the People Act, 1951, and the petition was dismissed with costs.

7 Jul 2017

The petitioner, Vinod Ramchandra Ghosalkar, a Shiv Sena candidate, lost the Maharashtra Legislative Assembly election for the Dahisar Constituency hel...

High Court

Bombay High Court Quashes FIR Against Directors of Housing Society in Cheque Dishonour Case — No Vicarious Liability Without Specific Role in Day-to-Day Affairs. Directors of a cooperative housing society cannot be held vicariously liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheques issued by the society unless they are shown to be in charge of and responsible for the conduct of the business of the society at the time of the offence.

30 Nov -0001

The petitioners, who were Directors of a cooperative housing society, filed a writ petition under Article 226 of the Constitution of India read with S...

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