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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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High Court of Karnataka Allows Appeal in NI Act Case — Restores Conviction for Cheque Dishonour. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appeal was filed by the complainant, Smt. G. Suma, challenging the judgment of acquittal dated 29.01.2011 passed by the Presiding Officer, Fast Tr...

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High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

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Bombay High Court Dismisses Petition Challenging Refusal to Condon 902-Day Delay in Setting Aside Ex-Parte Order. Delay of 902 days in seeking to set aside order 'Suit to proceed without written statement' not sufficiently explained; Court upholds trial court's refusal to condone delay.

The petitioner, Rupchand Rajmalji Jain (Sancheti), was defendant No.2 in a suit filed before the City Civil Court, Mumbai. The suit was originally fil...