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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The appellant, M. Nagappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and order of acq...

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Bombay High Court Dismisses Appeals in Specific Performance Suit for Re-conveyance of Land. Time Not Essence of Contract and Readiness and Willingness Proved Despite Minor Irregularities in Guardian Appointment.

The case involves two second appeals arising from a suit for specific performance of an agreement of re-conveyance. On 24 June 1968, Babu Kale (common...

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Bombay High Court Allows Wife's Appeal in Child Custody Case Due to Lack of Proper Service. Trial Court's Ex-Parte Order Handing Over Minor Daughter's Custody to Father Set Aside for Violation of Natural Justice.

The appellant, Jayshri Gajendra Mahajan, wife of the respondent Gajendra Pandit Mahajan, filed an appeal against the judgment and order dated 16th Jun...

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Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...