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Gujarat High Court Allows Restoration of Suit Dismissed for Default Due to Counsel's Negligence. Negligence of Advocate Constitutes Sufficient Cause for Condonation of Delay Under Section 5 of Limitation Act, 1963 and Order 9 Rule 13 CPC.

The petitioners, legal representatives of Sardar Himmatbhai Khokar, filed a Regular Civil Suit No.794 of 2002 seeking cancellation of a sale deed date...

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High Court of Judicature at Bombay Hears Second Appeal on Section 53A Transfer of Property Act in Agricultural Land Possession Suit. Question Raised Whether Defendants Can Claim Protection of Part Performance Without Specific Pleading Despite Past Agreement.

In a dispute over agricultural land, the original plaintiff, claiming as legal heir of her father, filed a suit for possession and mesne profits again...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC.

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, K...

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Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

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Gujarat High Court Allows Condonation of Delay of 3117 Days in Land Acquisition Appeal Due to Sufficient Cause. Liberal Approach Adopted for Illiterate Claimants Under Section 5 of Limitation Act, 1963 and Section 54 of Land Acquisition Act, 1894.

The judgment pertains to a group of civil applications filed for condonation of delay in preferring first appeals under Section 54 of the Land Acquisi...

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Karnataka High Court Dismisses Legal Representatives' Appeal in Land Acquisition Compensation Case Due to Unexplained Delay and Procedural Lapses. Legal Representatives' Failure to Seek Leave to Appeal and Filing a False Affidavit Precluded Condonation of Delay Under Section 5 of Limitation Act, 1963.

The case arose from the acquisition of land belonging to H.D. Lokeshaiah in Halanuru village, Tumakuru Taluk, for the construction of the Hemavathi Ca...