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High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

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Bombay High Court Dismisses Petition Challenging Order to Deposit Water Charges Arrears Under Order XV-A CPC in Landlord-Tenant Dispute. Consent Terms and Lease Deed Interpretation Confirm Tenant's Liability for Water Charges Despite Claim of Lessor's Responsibility.

The petitioners, Nikhilesh Keshrichand Jhaveri and others, challenged the judgment and order dated 12 July 2021 passed by the Appellate Bench of Small...

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Bombay High Court Allows Father's Petition, Restores Defence in Custody Battle. Striking Off Defence Under Order XXXIX Rule 11 CPC for Non-Compliance of Visitation Orders Set Aside as Disproportionate; Child's Welfare Paramount.

The petitioner, Shardul Shamprasad Dev, filed a writ petition challenging two orders passed by the District Judge-2, Kopergaon: (1) order dated 21.09....

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Supreme Court Allows Tenants' Appeal in Rent Control Case — Striking Out Defence Not Automatic Under Section 15(7) of Delhi Rent Control Act, 1958. Discretionary Power Must Be Exercised Judiciously; Mere Non-Compliance Does Not Justify Striking Out Defence.

The case involves an appeal by tenants against the High Court of Delhi's order upholding the Rent Controller's decision to strike out their defence in...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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High Court of Karnataka Quashes Family Court Order Striking Out Defence in Divorce Case — Violation of Natural Justice. Failure to Grant Opportunity to Cross-Examine Witnesses Before Striking Out Defence Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The petitioner, Dr. Deepak Kumar M.M., and the respondent, Dr. Poornima S., were married on 15 December 2010 in Bangalore. The respondent filed a divo...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Upholds Striking Off Wife's Defence for Breach of Access Order in Divorce Proceedings. Family Court's Power Under Section 24 of Hindu Marriage Act, 1955 Includes Striking Off Defence for Non-Compliance with Interim Orders.

The case involves a writ petition filed by the wife, Mrs. Vimi Vinod Chopra, challenging the order of the Family Court No. 4, Mumbai dated 13.10.2010,...