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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

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Supreme Court Holds Section 13(2)(a) of Consumer Protection Act, 1986 is Directory — District Forum Can Extend Time for Filing Reply Beyond 45 Days in Exceptional Circumstances. The 30-day period for filing reply commences from receipt of notice by the opposite party.

The Supreme Court Constitution Bench addressed two questions referred regarding Section 13(2)(a) of the Consumer Protection Act, 1986. The first quest...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Dismisses Petition Challenging Extension of Time for Deposit in Specific Performance Decree. Trial Court's Discretion Under Section 148 CPC to Enlarge Time Upheld Despite Default Clause in Decree.

The petitioners, M/s Armor's Developers Pvt. Ltd. and its director, challenged an order dated 4-12-2015 passed by the trial court in Special Civil Sui...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint for Non-Payment of Court Fees in Commercial Suit. Court upholds trial court's order rejecting plaint under Order VII Rule 11(c) CPC for failure to pay deficit court fees within extended time.

The appellant, Nine Media & Information Services Ltd., filed a commercial suit against multiple respondents including Hero Honda Motors Ltd. and other...