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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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High Court of Karnataka Dismisses Writ Petitions by Educational Society Against Labour Court Orders Granting Compensation to Workman. Employer's failure to prove abandonment of service and non-compliance with Section 25F of Industrial Disputes Act, 1947 leads to reinstatement with back wages.

The Karnataka Lingayat Education Society and its affiliated college, C.B. Kore Polytechnic, filed multiple writ petitions challenging orders of the Ad...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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High Court of Karnataka Upholds 12% Interest Rate on Fixed Deposit After Maturity in Co-operative Society Dispute. Court holds that in absence of contractual rate, interest under Section 34 CPC is applicable, rejecting both 6% and 17% claims.

The case involves two appeals arising from a common order of a learned single Judge of the Karnataka High Court regarding the rate of interest payable...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...