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 Anticipatory Bail in Criminal Appeal Due to Accused Absconding and Proclamation Under Section 82 CrPC. High Court Erred in Granting Anticipatory Bail Without Considering Initiation of Proceedings Under Section 82/83 CrPC and Seriousness of Offences Under Sections 406 and 420 IPC, as Per State of Madhya Pradesh vs. Pradeep Sharma Precedent.

21 Oct 2021

The appeal arose from the High Court's order granting anticipatory bail to the accused in a criminal case. The appellant, the original informant, had ...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

Supreme Court

Supreme Court Allows Appeal in Will Dispute, Restoring Trial Court Decree for Possession. Registered Will Upheld as Validly Proved Under Indian Succession Act and Indian Evidence Act, While Unregistered Will Found Forged Based on Suspicious Circumstances.

7 Oct 2021

The dispute centered on the validity of two wills concerning a residential property originally owned by Ms. Jessie Jayalakshmi. The appellant, claimin...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Revision Petition Against Eviction Decree on Admission Under Order XII Rule 6 CPC. The Court upheld the High Court's order, finding that the defendants' written statement contained admissions of plaintiff's ownership and tenancy, warranting a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908, despite a pending suit for specific performance.

4 Oct 2021

The dispute originated from a civil suit filed by the respondent (original plaintiff) against the appellants (original defendants) for possession, man...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Armed Forces Pension Case, Upholding Terminal Benefits for Resigning Officer. Late Entrant Eligibility Under Regulation 15 of Pension Regulations for the Army, 1961 Applied as Officer Commissioned at Age 39 and Served 15 Years Before Resignation.

30 Sep 2021

The dispute arose from the Armed Forces Tribunal's order directing the Union of India to process terminal and pensionary benefits for a former Army Me...

Supreme Court

Supreme Court Upholds National Consumer Commission's Order in Builder-Resident Association Dispute Over Apartment Amenities. Cause of Action for Deficiency in Services Continued Beyond Agreement Date, Making Complaint Within Limitation Period Under Section 24A of Consumer Protection Act, 1986, and Builder Directed to Fulfill Contractual Obligations for Amenities.

28 Sep 2021

The dispute arose between a builder, M/s Padmini Infrastructure Developers (India) Ltd., and the Royale Garden Residents Welfare Association, represen...

Supreme Court

Supreme Court Upholds IIT's Admission Criteria in JEE Advanced Eligibility Challenge. Criterion barring IIT-admitted candidates from subsequent attempts held not discriminatory under Article 14 as it serves public policy objectives of preventing seat wastage and ensuring equitable access.

28 Sep 2021

The dispute arose from a writ petition filed by Soutrik Sarangi challenging Criterion No. 5 of the JEE (Advanced) Information Brochure, which prevente...

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