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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...

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High Court of Karnataka Allows Writ Petition in Service Matter — Resignation Obtained Under Coercion Quashed. The Court Held That Resignation Must Be Voluntary and Free from Duress, and Employer Must Follow Natural Justice Before Accepting Resignation.

The petitioner, Basavaraj S/o Veerappa Shalawadi, was a conductor employed by the North West Karnataka Road Transport Corporation (NWKRTC). He was all...

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Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

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Bombay High Court Allows Withdrawal of Criminal Appeal by Life Convict Nearing Release — Right to Appeal Can Be Waived Voluntarily. Appellant convicted under Section 302 IPC sought to withdraw appeal as he was likely to be released; court permitted withdrawal after ensuring voluntariness.

The appellant, Jafar Khaja Mainuddin Mulla, was convicted by the Additional Sessions Judge, Solapur on 24 May 2012 for the offence of murder under Sec...

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Madras High Court Dismisses Writ Appeal in TANGEDCO Dispute as Withdrawn Upon Appellant's Request. Appeal against Single Judge's order in electricity corporation matter withdrawn, no costs ordered.

This writ appeal was heard by the Division Bench of the Madurai Bench of Madras High Court comprising Dr. Justice G. Jayachandran and Justice R. Poorn...

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National Company Law Appellate Tribunal Dismisses Appeals by Suspended Director Challenging Withdrawal of CIRP Application Under Section 12A of IBC -- Orders Permitting Withdrawal and Deletion of Suspended Management Upheld

The National Company Law Appellate Tribunal dismissed Appeals by Appellant, Suspended Director, against orders of the Adjudicating Authority related t...

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Bombay High Court Dismisses Petition Seeking Revision of Election Program and Reinstatement of Withdrawn Nomination in Nagar Panchayat Elections. Court holds that once a nomination is withdrawn, it cannot be revived, and election process cannot be interrupted after commencement.

The petitioners, Sadik Abdulkadir Shiledar and Sanjay Laxman Sukhdan, filed a writ petition before the Bombay High Court at Aurangabad seeking directi...

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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, pay...