Search Results for "statutory defence"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "statutory defence"

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High Court

High Court of Bombay at Aurangabad Reviews Challenge to Order Issuing Process in Drugs and Cosmetics Act Prosecution Against Wholesaler. Non-Manufacturer Wholesaler Claimed Protection Under Section 19(3) of Drugs and Cosmetics Act, 1940 After Disclosing Licensed Supplier and Manufacturer, and Invoked Reasonable Diligence and Proper Storage Defence.

6 Oct 2021

In this criminal revision application before the High Court of Judicature at Bombay, Bench at Aurangabad, the applicant, a medical wholesaler trading ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Imposing Bank Guarantee Condition in Summary Suit; Holds Unconditional Leave to Defend is Mandatory When Substantial Defence is Disclosed Under Order 37 Rule 3(5) of Code of Civil Procedure, 1908. Commercial Court's Condition Set Aside as Statute Dictates No Condition for Substantial Defence.

24 Jul 2026

The matter arose from a writ petition under Article 227 of the Constitution of India filed by the defendant in a commercial summary suit, challenging ...

Supreme Court

Supreme Court Upholds Life Imprisonment of BSF Constable for Murder, Rejects Plea of Private Defence. Evidence of Post-Mortem and Eyewitnesses Showed Deceased Was Made to Crouch and Shot Twice, Negating Claim of Self-Defence Under Section 46 of BSF Act, 1968 and Section 302 IPC.

14 Jun 2022

The appellant, a Constable in the Border Security Force (BSF), was convicted under Section 46 of the BSF Act, 1968 for murder punishable under Section...

High Court

Bombay High Court Dismisses Petition Challenging Defence Notification and Condition in Letter of Intent. Restrictions on Land Use Near Military Installations Upheld Under Works of Defence Act, 1903.

8 Sep 2016

The Petitioner, Provincial Housings and Property Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging a Notification...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

Bombay High Court Hears Appeal Against Conviction Under POCSO Act and IPC; Examines Rebuttal of Statutory Presumption. Court Analyzes Defence of Alibi and Medical Evidence to Determine if Accused Discharged Burden on Balance of Probabilities.

25 Jun 2018

The appeal arose from a conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Sections 452 and 377 of the Indian...

High Court

High Court of Gujarat Dismisses Second Appeal by Electricity Board in Theft of Electricity Case — Civil Courts Have Jurisdiction to Entertain Defence of Non-Commission of Theft Despite Existence of Statutory Appellate Forum. The Court held that the existence of a statutory appellate forum does not oust the jurisdiction of civil courts to decide the issue of theft in a suit for recovery of bill amount under the Indian Electricity Act.

7 Jan 2026

The appellant, Gujarat Electricity Board (now Paschim Gujarat Vij Company Ltd.), filed a second appeal under Section 100 of the Code of Civil Procedur...

High Court

Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

9 Aug 2021

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

Supreme Court

Supreme Court Dismisses Appeal in Dishonored Cheque Case Under Negotiable Instruments Act, 1881. The court upheld the conviction under Section 138 as the appellant failed to rebut the presumption under Section 139 by establishing a probable defence, despite examining bank officers to challenge the complainant's financial capacity.

7 Mar 2022

The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, where the respondent alleged that the appellant issued a...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

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