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Bombay High Court Dismisses Appeal Against Rejection of Application to Set Aside Dismissal of Appeal for Non-Compliance of Order to Bring Legal Representatives on Record. Order XXXIX Rule 11 CPC Held Inapplicable to Dismissal for Default; Sufficient Cause Not Shown Under Order XLI Rule 17 CPC.

The appellants, original defendants in a suit for damages, filed Regular Civil Appeal against the decree granting damages to the respondents. During t...

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Bombay High Court Dismisses Appeal Against Restoration of Suit — Jurisdiction of Single Judge Upheld Despite Transfer of Suits to City Civil Court. Section 4A of Bombay City Civil Court (Amendment) Act, 2012 Does Not Divest High Court of Power to Restore Suits Dismissed Before Notification.

The appeal arose from an order of a learned Single Judge of the Bombay High Court allowing the respondents' notice of motion and restoring Suit No. 39...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

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Bombay High Court Dismisses Revision Against Dismissal of Complaint for Non-Prosecution Under Section 138 Negotiable Instruments Act. Magistrate's Order of Acquittal Under Section 256 CrPC Upheld as Complainant Failed to Secure Accused's Presence Despite Five Years of Opportunity.

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Bandu Morsing Pawar, alleging offences under Section 138 of ...

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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 Dismisses Appeal Against Restoration of Suit Dismissed for Default - Order Restoring Suit Under Order IX Rule 9 CPC is Not a 'Judgment' Under Clause 15 of Letters Patent

The case involves an appeal filed by the defendants (Bennett Coleman & Co. Ltd. & Anr.) against an order dated 7 August 2006 passed by the Motion Judg...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty Case Due to Non-Prosecution. Acquittal of accused under Sections 498-A, 323, 504 read with 34 IPC upheld as complainant failed to appear and State could not show perversity.

The State of Maharashtra filed an appeal against the acquittal of Mustaq Ismail Memon and others (respondents-accused) who were tried for offences und...

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High Court of Karnataka Allows Restoration of Land Acquisition Reference in CRP Under Section 115 CPC. Trial Court's Dismissal of Restoration Application Set Aside for Failure to Exercise Inherent Powers Under Section 151 CPC.

The petitioners, legal representatives of the original claimant Kashinath Basayya Balulmath, filed a Civil Revision Petition under Section 115 of the ...