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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC.

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the responden...

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Bombay High Court Allows Appeal in NI Act Case — 'Not Claimed' Notice Constitutes Valid Service Under Section 138 Proviso (b). Refusal to accept notice by addressee amounts to deemed service; acquittal set aside.

The appellant-complainant, Anil Gulabrao Khairkar, filed a criminal appeal against the judgment of the Special Court for the Negotiable Instruments Ac...

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Supreme Court Upholds Conviction of Three Accused for Murder in Village Feud Case. Common Object Under Section 149 IPC Established by Exhortation and Coordinated Attack with Swords.

The Supreme Court dismissed the appeal filed by three convicted accused, Postman Vengaisamy (A-1), Thalaiyaripandi (A-11), and Vellachamy (A-15), upho...

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Bombay High Court Dismisses State Appeal Against Acquittal in Criminal Breach of Trust Case — Prosecution Failed to Prove Misappropriation Beyond Reasonable Doubt Under Section 409 IPC Due to Lack of Material Witnesses and Inconsistent Evidence.

The State of Maharashtra appealed against the acquittal of the respondent, Mrs. Mandabai Ashok Sawant, who was charged under Section 409 of the Indian...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Need Under C.P. & Berar Rent Control Order, 1949 — Reversing Appellate Court's Dismissal of Suit.

The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of abo...

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Bombay High Court Dismisses Writ Petition of Stamp Vendor-Postman Challenging Reduction in Pay for Misappropriation of Rs.330/-. Disciplinary action upheld as punishment was not disproportionate and findings were based on evidence.

The petitioner, Shailendra Sahedeo Mondkar, was a stamp vendor-postman in the office of Bharat Chamber Post Office, Kalbadevi, Mumbai. He was selected...