Search Results for "statutory notice"

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Search Results for "statutory notice"

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Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

High Court

High Court Refers Writ Petition to Larger Bench Due to Conflict on MRTP Act Reservation Lapsing. Dispute Involves Whether Notice Under Section 127 Served Before Plan Revision Lapses Upon Finalisation of Revised Development Plan Under Maharashtra Regional and Town Planning Act, 1966.

27 Mar 2026

The judgment pertains to a writ petition filed by an agriculturist challenging the reservation of his land for a primary school under the Maharashtra ...

High Court

High Court Quashes Orders Directing Admission of Members in Co-operative Housing Societies Based on Agreements for Non-Existent Flats. The court found the orders illegal as they ignored that the flats were refuge areas and violated Section 154B-5 of the Maharashtra Co-operative Societies Act, 1960, which restricts membership to available flats.

25 Mar 2026

The dispute involved four registered co-operative housing societies (petitioners) challenging orders from co-operative authorities that directed them ...

High Court

High Court of Bombay Dismisses Appeal in Unauthorized Construction Case Due to Lack of Proof of Authorization. Suit Challenging Demolition Order Under Section 351 of Mumbai Municipal Corporation Act, 1888 Found Maintainable Without Prior Notice Under Section 527 as It Seeks Injunctive Relief, Not Compensation.

17 Mar 2026

The dispute originated from a long-standing conflict between a property occupant and the Municipal Corporation of Greater Mumbai regarding the authori...

High Court

High Court of Bombay Dismisses Employer's Writ Petitions Against Gratuity Orders Under Payment of Gratuity Act, 1972. The Court upheld the Controlling and Appellate Authorities' decisions, finding no error in adjudicating delayed applications or in calculating gratuity based on basic wages and dearness allowance, as the employer's deposit of admitted amount waived delay objections and special allowance was not part of statutory wages.

7 Mar 2026

The dispute involved multiple writ petitions filed by an employer company and several employees concerning gratuity payments under the Payment of Grat...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

High Court

High Court Dismisses Writ Petition by Daily Wagers Seeking Regularization and Back Wages Due to Suppression of Facts and Prior Adjudication -- Municipality's Termination Under Industrial Disputes Act Upheld

13 Jan 2026

The petitioners, daily wagers employed by the respondent Municipality for over 15 years, filed a writ petition seeking regularization, back wages, and...

High Court

High Court Dismisses Tenant&#039;s Revision Application in Rent Dispute - Eviction Upheld Under Bombay Rent Act for Non-Payment of Arrears Before First Hearing Date

5 Jan 2026

The High Court dismissed a revision application filed by the tenant challenging eviction orders passed under the Bombay Rent Act -- The landlord had p...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

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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