Search Results for "Condition precedent"

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Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

Supreme Court

Supreme Court Dismisses Appeals in Insolvency Resolution Plan Implementation Dispute. The court upheld the NCLT order finding compliance with conditions precedent under the Resolution Plan, allowing implementation and extensions as per the Insolvency and Bankruptcy Code, 2016.

18 Jan 2024

The batch of appeals arose from orders of the National Company Law Appellate Tribunal concerning the implementation of a Resolution Plan under the Ins...

Supreme Court

Supreme Court Dismisses Appeal in Industrial Plot Allotment Dispute, Upholding Resumption for Non-Compliance with Contractual Terms. The Court Found No Violation of Natural Justice as Multiple Show-Cause Notices Were Issued, and the Allottee Failed to Demonstrate Concrete Steps Towards Construction Under the Allotment Agreement.

27 Feb 2023

The appeals arose from orders of the National Consumer Disputes Redressal Commission (NCDRC) allowing a revision petition by Haryana State Industrial ...

Supreme Court

Supreme Court Quashes FIR and Investigation in IPC Case Due to Lack of Cognizable Offence and Civil Nature of Dispute. Allegations Pertained to Trust Management and Removal from Post, Disclosing No Criminal Offence Under Sections 323, 384, 406, 423, 467, 468, 420, and 120B IPC, Leading to Abuse of Process.

30 Jan 2023

The Supreme Court heard an appeal by special leave against a Calcutta High Court judgment that dismissed a petition under Section 482 of the Code of C...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

Supreme Court

Supreme Court Allows Consumer Insurance Claim Against Insurer for Wrongful Repudiation Due to Uncommunicated Policy Conditions. The Court held that insurance policy terms must be specifically communicated to the beneficiary, and the insurer failed to prove communication of special conditions requiring non-ATM transactions, constituting deficiency of service under consumer law.

21 Feb 2022

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission dated 24 March 2017, which affirmed the State Commission's de...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

Supreme Court

Supreme Court Allows Appeal of Authority in Plot Allotment Case Due to False Affidavits and Breach of Eligibility Conditions. Allotment Cancelled as Plaintiff and Spouse Filed False Affidavits Concealing Prior Allotment, Violating Terms Under Uttar Pradesh Industrial Development Act, 1976.

15 Feb 2022

The dispute arose from the allotment of residential plots in Noida. The plaintiff-respondent, a member of the Defence Services Cooperative Housing Soc...

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