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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

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High Court of Bombay Grants Unconditional Leave to Defend in Summary Suit Involving Promissory Note. Defendant Entitled to Leave as Suit Governed by Bombay Money Lenders Act, 1946 and Triable Issues Raised.

The plaintiff, a money lender, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 seeking recovery of Rs. 94,432.87 with int...

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Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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Karnataka High Court Hears Appeal Against Rejection of Temporary Injunction in Defamation Case. Court Examines Whether Statements in Autobiography Amounted to Defamation and Balance of Convenience.

The plaintiff, Ranga Trilochan Bedi (appellant), filed a suit for defamation against his brother Kabir Bedi (defendant No.1) and Westland Publications...

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Bombay High Court Allows Appeal Against Tribunal's Stay Order in Cenvat Credit Dispute. Tribunal's Detailed Findings at Stay Stage Prejudge the Appeal and Are Impermissible.

The appellant, CEAT Limited, filed an appeal before the Bombay High Court challenging an order dated 12th June 2014 passed by the Customs, Excise and ...

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Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...