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Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant in Section 409 IPC Case for Want of Sanction Under Section 197 CrPC. The Court Held That the Petitioner's Acts of Collecting Fares and Issuing Tickets Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a State Transport Undert...

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High Court of Bombay at Goa Issues Rule in PIL Challenging Encroachment and Regularisation of Comunidade Lands; Petitioners Allege Violation of Code of Comunidades and Favouritism to Minister.

Two Public Interest Litigation writ petitions (PIL WP No. 15 of 2014 and PIL WP No. 16 of 2014) were filed before the High Court of Bombay at Goa chal...

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Supreme Court Upholds Registrar's Refusal to Register Curative Petitions in Interest on Delayed Payments Act Case. Curative Petitions Cannot Be Entertained When Review Petitions Are Dismissed in Open Court, Not by Circulation, Under Supreme Court Rules, 2013.

The dispute originated from the maintainability of a suit under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings ...

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Bombay High Court Hears Chamber Summons Filed by Defendant for Return of Plaint in Suit for Damages Under Lease Agreement. Application Seeks Transfer to Chennai Court Citing Exclusive Jurisdiction Clause; Court Also Considers Limitation and Cause of Action.

The matter pertained to a chamber summons filed by the defendant in a suit for damages. The defendant, Integrated Finance Co. Ltd., sought return of t...

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High Court of Karnataka Dismisses Petition Quashing Discharge Rejection in CBI Murder Conspiracy Case. No Sanction Required Under Section 197 CrPC as Alleged Acts Were Not in Performance of Official Duty.

The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include cons...