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Bombay High Court Allows Restoration of Suit Dismissed for Default Against Legal Heirs of Deceased Defendant. Order 22 Rule 4 CPC does not require separate summons to legal representatives already on record, and dismissal for default was improper.

The petitioner, Samaj Bhushan Griha Nirman Sahkari Sanstha, filed a suit for specific performance of an agreement dated 16/05/1988 against Shankar Nag...

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Bombay High Court Dismisses Criminal Application for Quashing Summons in Security Guards Act Violation. Allegations Against Officers as Principal Employers Prima Facie Disclose Offence Under Clause 42 of Maharashtra Private Security Guards Scheme, 2002.

The matter arose from a criminal complaint filed by Inspector R.D. Khanorkar under the Maharashtra Private Security Guards (Regulation of Employment a...

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High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities and Lack of Proper Service of Summons. Court Sets Aside Judgment and Decree Passed Without Affording Opportunity to Defendants, Remands Matter for Fresh Consideration.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte judgment and decree dated 30.09.2023...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988.

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis H...

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High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities in Service of Summons. Failure to Affix Summons on Court Building and Lack of Proper Service Affidavit Renders Ex Parte Decree Unsustainable Under Order V Rule 17 and Order IX Rule 6 CPC.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte decree passed in a partition suit (O...

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Bombay High Court Dismisses Revision Against Order Rejecting Setting Aside of Ex-Parte Decree in Encroachment Suit. Court Holds That Petitioner Failed to Prove Non-Service of Summons and Alleged Collusion, and Application Under Order IX Rule 13 CPC Was Without Substance.

This civil revision application arose from an order rejecting an application to set aside an ex-parte decree in a suit for possession, damages, and ma...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Not Properly Served, Ex-Parte Decree Set Aside. Service of Summons Found Insufficient Under Order 9 Rule 13 CPC, Suit Restored for Fresh Adjudication.

The petitioner, Vijay Mohan Jagtap, filed a writ petition challenging two orders passed by the trial court in Regular Civil Suit No. 368/2007. The fir...

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Bombay High Court Allows Petitions Challenging Issuance of Process in Criminal Complaint for Non-Compliance with Section 204(4) CrPC. Failure to Pay Process Fees Within Reasonable Time Mandates Dismissal of Complaint, Not Deferred Issuance of Process.

The petitioners, accused nos. 1 to 4 in Regular Criminal Case No. 762 of 2007, filed two criminal writ petitions challenging the order dated 1.10.2016...