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Showing 1 to 20 of 2678 Records

  • 2018 (2) TMI 1475 - BOMBAY HIGH COURT

    Transportation of Ready mix plaster - Prohibition to transport sand beyond border - It is the grievance of the Petitioners that though the vehicles were seized and taken to the Police Station, the Revenue authorities have not followed the procedure prescribed under sub-Section 8 of Section 48 of the Maharashtra Land Revenue Code, 1966. - Held that - it is mandatory for the Revenue Officials to produce attached vehicles before the Collector within....... + More

  • 2018 (2) TMI 1450 - BOMBAY HIGH COURT

    Whether the provisions of Limitation Act, especially Section 18 of the Act, which is invoked by the Trial Court, in this case, can be made applicable to the litigation which is governed by the provisions of the Carriage by Air Act, 1972? - Held that - In the instant case, it is admitted that the Carriage by Air Act is a special enactment of the year 1972 and therefore later enactment to the general law of Limitation Act, which was enacted in 1963....... + More

  • 2018 (2) TMI 1418 - DELHI HIGH COURT

    Whether the compromise recorded by the Single Judge in orders dated 17th March, 2017, 24th March, 2017 and 26th April, 2017, is valid and legal as per the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 ( CPC , for short), and whether the same was entered into with the consent of the parties? - Held that - On the day when the consent terms were recorded, i.e. 17th March 2017, the appellants were duly represented by their cou....... + More

  • 2018 (2) TMI 1417 - DELHI HIGH COURT

    Suit for recovery of possession and damages - Since the defendant failed to vacate the suit property, therefore, the present suit for possession and damages came to be filed - whether a disputed question of fact arises that the plaintiff is not the owner of the suit property? - Held that - the suit property falls as one of the properties at Serial no. 1(a) of the Schedule II of the Scheme of Arrangement approved vide order 3.1.1983 by this Court........ + More

  • 2018 (2) TMI 1265 - BOMBAY HIGH COURT

    Dishonor of cheque - Offence punishable under Section 138 of the Negotiable Instruments Act - it is the allegation of the complainant in the complaint itself that accused nos. 2 and 3 on behalf of accused no.1 Company have signed the cheque. Therefore, rest of the accused persons are not responsible for dishonor of the cheque, since they have not signed the cheque. therefore, they cannot be prosecuted. - Held that - In the present case, the chequ....... + More


    Rejection of revision application - rejection on the ground that the said application has been filed belatedly after 9 months from the date when the case was fixed for defence evidence - Held that - The documents which are sought to be summoned from the complainant cannot be said to be necessary for the disposal of the case. The burden is on the applicant to rebut the presumption as provided under Section 139 of Negotiable Instruments Act. - The ....... + More

  • 2018 (2) TMI 1130 - BOMBAY HIGH COURT

    Whether the Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate are of the same status having the same and identical jurisdiction so far as the trial of criminal cases is concerned? - Held that - Subsection (1) of Section 19 lays down that the Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject....... + More

  • 2018 (2) TMI 947 - DELHI HIGH COURT

    Appeal against Chartered Accountants Final Examination result - petitioners are aggrieved by the result declared and published on its website by the respondent-institute wherein all of them have failed in their respective Groups - credence given to the alleged notification being circulated on the whatsapp/facebook declreing the petitioners as passed - Held that - The foremost fact which emerges from the record is that there is no denial by any of....... + More

  • 2018 (2) TMI 846 - DELHI HIGH COURT

    Whether the petitioner was justified in holding the amount payable to the respondent after clearing its dues in apprehension of any tax liability that may have any reason against the company? - Held that - the witness of the respondent had admitted that the tax liability had arisen because of a typographical error of the staff of the respondent in documents relating to the transaction and hence for fault of the respondent, the petitioners have to....... + More

  • 2018 (2) TMI 823 - KARNATAKA HIGH COURT

    Transfer of license in favor of partnership firm - manufacture of liquor - payment of the requisite transfer fees and damages for short lifting of liquor - Held that - this Court is satisfied that the petitioner cannot lay a challenge to the transfer of licence in favour of the partnership firm in accordance with the partnership deed dated 1st April, 2002, even though such an application was filed by the said firm belatedly in the year 2013, sinc....... + More

  • 2018 (2) TMI 238 - PUNJAB & HARYANA HIGH COURT

    Notice of accusation for offence under Section 138 of the Negotiable Instruments Act - cheque presented for encashment but the same was dishonored - Held that - The accused has failed to prove that he owned any tractor and complainant was running spare part shop for that he had purchased any spare part from the complainant. As a matter of fact, no receipt regarding purchase of spare part from the shop of the complainant had been produced evidence....... + More

  • 2018 (1) TMI 1094 - DELHI HIGH COURT

    Maintainability of petition - Prayer for quashing of FIR - it was claimed that the FIRs do not disclose commission of any cognizable offence as the dispute between the parties is purely civil in nature - whether this Court should entertain the present petitions under Section 482 Cr.P.C. at this stage, in view of the fact that the earlier preferred petition under Section 482, i.e. W.P.(Crl.) No. 498/2005, and the other petitions mentioned in parag....... + More

  • 2018 (1) TMI 1002 - MADRAS HIGH COURT

    Validity of assessment order - levy of Urban Land Tax - Held that - the authority on facts concluded that the contention of the petitioner that the land is agricultural in nature is not tenable. Referring to Section 2(13) of the Act which states that no Urban Land Tax can be levied in respect of the land which is not capable of being used as a house site. But the petitioner themselves have admitted that the land is used for recreational and comme....... + More

  • 2018 (1) TMI 828 - DELHI HIGH COURT

    Demand of various electronic transfers made by the Plaintiffs to the Defendants - cheque was returned with the remarks Funds Insufficient - Section 138 of the Negotiable Instruments Act, 1881 - Held that - In the present appeal, on 23rd May 2016, an option was given to the Defendants to deposit the decretal amount. However, since the Defendants did not avail of the said option, this Court directed that execution petition would be proceeded with. ....... + More

  • 2018 (1) TMI 772 - KERALA HIGH COURT

    Recovery of Compensation fines - Sec.357(1)(b) of the Cr.P.C. - Issuance of non-bailable warrant - grievance of the petitioner is that the trial court had subsequently taken up steps for execution of the impugned sentence and had issued, not only distress warrant for recovery of the compensation amount but had also issued nonbailable warrant against the petitioner, even though the petitioner had suffered more than the required substantive sentenc....... + More

  • 2018 (1) TMI 753 - CALCUTTA HIGH COURT

    Natural justice - case of petitioners is that they have not been properly examined by the learned trial Court under Section 313 of the Code of Criminal Procedure and thereby the petitioners have been seriously prejudiced and they did not even answer the allegations levelled against them properly in the trial Court - Held that - It is true that all the incriminating materials are required to be put in during the examination of the petitioners so t....... + More

  • 2018 (1) TMI 745 - MADRAS HIGH COURT

    Maintainability of petition - Designation to issue cheque - applicability of Section 141(ii) of the Negotiable Instrument Act - Held that - The present case would not fall under Section 141 (ii) of the Act, since there is no designation is mentioned in the complaint for the petitioner/2nd accused. In the complaint it is stated that the petitioner herein is an Authorized signatory of M/s. Chaya Knitting Ltd., Company. Therefore, Section 141 (ii) i....... + More

  • 2018 (1) TMI 743 - BOMBAY HIGH COURT

    Offence under Section 138 of the Negotiable Instruments Act - deposit of cheque by way of security - admission of additional evidence - Held that - the Appellate Court if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by the trial Court - The Appellate Court allowed the said application on the application of respondent and more particularly on the basis of the....... + More

  • 2018 (1) TMI 740 - CALCUTTA HIGH COURT

    Undated cheques - jurisdiction of Courts to decide the matter - the cheques in questions were handed over as security deposit to the complainant/opposite party - Held that - an agreement was executed by and between the parties and the petitioners executed bank guarantee and also handed over some cheques in favour of the complainant/opposite party. Clause 10 clearly reveals that the parties had agreed that the complainant/opposite party shall have....... + More

  • 2018 (1) TMI 651 - MADRAS HIGH COURT

    Writ of prohibition - discharge of duty by statutory authority - Section 14 of the SARFAESI Act - possession of property - Held that - There is no quarrel that writ petitioner is entitled to enjoy the subject property and the heir apparent under the Will are the daughter-inlaw and Grandson of K.P.Ramakrishna Pillai viz., Mrs. Punithavathi and Ajith Kumar, respectively. - Section 14 of the SARFAESI Act, 2002 mandates that on receipt of an affidavi....... + More

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