Search Results for "Summary Procedure"

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Title Suit. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Suit Where No Land Grabbing Allegation is Made by Government.

The petitioner, Joseph Saldhana, filed a writ petition challenging the order dated 30.10.2018 passed by the 1st Additional Civil Judge, Mangaluru, in ...

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Bombay High Court Upholds Reinstatement of Teacher with Back Wages and Continuity of Service in Termination Case. Termination of Assistant Teacher Without Prior Approval Under Section 5 of M.E.P.S. Act Held Illegal.

The case involves two writ petitions arising from a common judgment of the School Tribunal, Amravati, in Appeal No.39 of 2018. The petitioner in Writ ...

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Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

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Bombay High Court Allows Revision Against Rejection of Application to Set Aside Ex Parte Decree in Summary Suit — Negligence of Counsel Constitutes Sufficient Cause Under Order IX Rule 13 CPC. The court set aside the ex parte decree and granted leave to defend subject to deposit of decretal amount.

The present civil revision application challenges the order dated 26.04.2016 passed by the 4th Joint Civil Judge, Senior Division, Nagpur in Summary C...

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Bombay High Court Dismisses Winding Up Petition Based on Ex-Parte US Default Judgment — Foreign Decree Not a Debt Under Section 433(e) Companies Act, 1956 Without Satisfying Conditions for Enforcement in India.

The petitioner, Marine Geotechnics LLC, an American company, obtained an ex-parte default judgment against the respondent, Coastal Marine Construction...

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Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed.

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direc...