Search Results for "Averments"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "Averments"

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Supreme Court

Supreme Court Quashes Defamation Complaint Against Home Buyers for Protest Banner Under Indian Penal Code. The Court Held That the Banner Contained Factual Grievances Made in Good Faith for Protection of Interests, Falling Under the Ninth Exception to Section 499 IPC, and Thus Did Not Disclose an Offence Under Section 500 IPC.

17 Apr 2025

The dispute arose between home buyers (appellants) and a developer (respondent) over alleged deficiencies in services, including failure to form a soc...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Sale Dispute Due to Lack of Criminal Intent and Civil Nature of Allegations. The Court held that mere breach of contract does not constitute cheating under Section 415 IPC, and criminal proceedings under Sections 420, 406, 354, 504, and 506 IPC were an abuse of process as the dispute involved non-payment of sale consideration and sale of property at a lower price, which are civil matters.

16 Apr 2025

The Supreme Court addressed a dispute arising from an oral agreement for the sale of a property in Kanpur, Uttar Pradesh, between the appellants (sell...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

Supreme Court

Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

15 Apr 2025

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

Supreme Court

Supreme Court Dismisses Civil Appeal in Deemed Tenancy Dispute Under Bombay Rent Act. The court upheld the appellate bench's finding that the agreement dated 16.08.1967 was for conducting hotel business, not a leave and license arrangement, thus not attracting Section 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 for deemed tenancy status.

8 Apr 2025

The Civil Appeal originated from an order dated 16.07.2018 in Civil Revision Application No. 247 of 2016 by the High Court of Judicature at Bombay, wh...

Supreme Court

Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

4 Apr 2025

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...

Supreme Court

Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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