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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 ...
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Search Results for "Civil Judge"

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Supreme Court

Supreme Court Restores Recount of Votes in Gram Pradhan Election Dispute. Upholding the Sanctity of Electoral Process – Recount Ordered for Disputed Polling Booths

6 Mar 2025

(a) Electoral integrity and fairness are paramount to democratic principles (Para 14). (b) Discrepancy in vote count and missing election documents j...

High Court

Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

6 Mar 2025

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

High Court

Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

28 Feb 2025

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

High Court

The Court Held That the Plaintiff Deserved an Opportunity to Adduce Evidence, and the Rejection of the Plaint Could Not Be Sustained Solely on the Ground of Absence of a Clear Right to Sue.

27 Feb 2025

Bombay High Court Dismissed Civil Revision Application of Applicant Challenging Rejection of Application for Plaint Rejection. The Court held that a ...

High Court

Bombay High Court Quashes Order Condoning Delay of Over 9 Years in Seeking Recall of Withdrawal of Suit

21 Feb 2025

High Court Observed – Application for Condonation of Delay Lacked Bona Fide and Sufficiency of Cause (Para 25) The High Court quashed and set aside...

Supreme Court

Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

20 Feb 2025

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

High Court cannot reappreciate concurrent factual findings under Article 226 – Revenue records upheld.

2 Jan 2025

Constitution of India, 1950 – Article 226 – Writ jurisdiction – Interference with concurrent findings – Held: The High Court exceeded its juri...

High Court

Transfer Petition Allowed: Convenience of Wife Overcomes Objections, Court Urges Compliance with Legal Aid Advocate Fee Structure. Court prioritizes wife’s convenience, emphasizes the importance of maintaining fair remuneration for Legal Aid Advocates.

25 Sep 2024

The Applicant-wife sought the transfer of Marriage Petition No. 71/2016 from Vasai to Panvel due to age-related hardship and medical conditions. After...

Supreme Court

Supreme Court Upholds High Court's Decision: No Separate Cut-off for Persons with Benchmark Disabilities in Rajasthan Judicial Service Examination. The Supreme Court dismissed appeals challenging the Rajasthan High Court's decision, stating that the non-fixation of cut-off marks for persons with benchmark disabilities does not violate fundamental rights.

21 Aug 2024

The Supreme Court dismissed the appeals filed by candidates with benchmark disabilities who challenged the Rajasthan High Court's decision regarding t...

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