Search Results for "appeal abatement"

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Implead Legal Representatives in Partition Suit — Held That Application Under Order 22 Rule 4 CPC Was Not Maintainable as Defendant No.2 Was Already on Record and No Abatement Had Occurred

The petitioner, Sri Janardhana Suvarna, was Defendant No.2 in O.S.No.233/2016, a suit for partition and separate possession filed by Respondent No.1 (...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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High Court of Karnataka Quashes Clarification and Declares CGST Rule 31A(3) Ultra Vires in Favor of Turf Clubs. GST Liability on Betting Amount Limited to Commission Retained, Not Entire Totalisator Collection, Under CGST Act, 2017.

The two writ petitions were filed by Bangalore Turf Club Limited and Mysore Race Club Limited, companies conducting horse racing and facilitating bett...

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Bombay High Court Allows Petition to Bring Legal Heirs on Record in Civil Suit — Duty of Pleader to Inform Court of Party's Death Under Order XXII Rule 10A CPC. Trial Court Erred in Rejecting Application for Delay Without Considering Statutory Obligation of Pleader to Communicate Death.

The Petitioner, Ida Fernandes, was the original Plaintiff in Suit No. 9046 of 2000 pending before the Bombay City Civil Court. She filed Chamber Summo...

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Special Court at Bombay Delivers Judgment in Securities Fraud Case — Accused Face Charges Under IPC and Prevention of Corruption Act for Cheating, Forgery, and Criminal Conspiracy

This criminal case arises from the 1992 securities scam, which severely impacted India's economy. The prosecution alleged that multiple accused person...

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Bombay High Court Disposes of Writ Petitions Challenging Section 140(3)(iv) of CGST Act on Transitional Credit for Pre-GST Stock. Petitioners Argue Arbitrary Cut-Off Date Leads to Double Taxation and Discrimination.

A group of manufacturers and traders, including JCB India Limited, manufacturers of excavators and loaders, filed writ petitions before the Bombay Hig...

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Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order in Central Excise Duty Evasion Case. Petitioner, a 100% EOU, cleared goods to DTA without permission and duty payment, leading to demand of Rs. 33,96,718/-.

The petitioner, M/s. Viva Herba Pvt. Ltd., a 100% Export Oriented Unit (EOU) engaged in manufacturing vegetable extracts, filed a writ petition under ...

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Bombay High Court Dismisses Petition Challenging Revisional Order Under Urban Land Ceiling Act After Repeal Proposal. State Government retains jurisdiction under Section 34 of the Urban Land (Ceiling and Regulation) Act, 1976 until formal repeal takes effect.

The petitioners, nine individuals and one through their power of attorney holder, filed a writ petition in the Bombay High Court challenging the decis...

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Bombay High Court Examines Writ Petitions Challenging Goa Public Health (Amendment) Act, 2005 on Grounds of Legislative Competence. The Petitioners Alleged Encroachment on Central Tobacco Act and Occupied Field, Seeking Quashing of State Provisions Banning Tobacco-Containing Food.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court at Goa, challenging the con...