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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Upholds Continuity of Service for Gratuity Calculation in Cross-Border Employment Transfer. Employer Liable for Gratuity for Entire Service Period Including Foreign Assignment Under Payment of Gratuity Act, 1972.

The judgment involves cross petitions filed by Mercedes-Benz India Pvt. Ltd. (employer) and its ex-employee, Mr. Noshir Nani Desai, challenging an ord...

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High Court of Karnataka Allows Writ Petition Challenging Cancellation of Tender for Smart Classrooms — Violation of Natural Justice and Legitimate Expectation. Government Order dated 5.7.2016 quashed as it was passed without hearing the successful bidder and without valid reasons.

The petitioner, M/s Siddharth Infotech Pvt Ltd, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the Governme...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by speed post but not delivered to the accused's correct address, failing to meet the requirements of Section 138 of the Negotiable Instruments Act, 1881.

The applicants, who are the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application before the ...

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High Court of Karnataka Allows Appointment of Arbitrator in Construction Dispute — Arbitration Clause Survives Despite Completion of Work. Clause 21 of Agreement dated 05/09/1988 constitutes valid arbitration agreement under Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioners, Srinivasa Construction (a registered partnership firm) and its partners, filed a petition under Section 11(5) and (6) of the Arbitrat...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...