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KAHC010044762015_1

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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High Court of Bombay Considers Challenge to Trial Court’s Order Allowing Prosecution to Examine Witnesses Under Section 311 CrPC After Evidence Closure and Section 313 Examination

The case involved two Criminal Writ Petitions filed by accused persons challenging an order of the Additional Sessions Judge, Ahmednagar, dated 27 Sep...

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High Court Allows Criminal Petition, Quashes Trial Court Order Rejecting Deferment of Cross-Examination Under Section 231(2) Cr.P.C. -- Accused in IPC Offences Including Section 302 Granted Relief to Prevent Prejudice in Defence Disclosure

The petitioners, accused in a sessions case involving grave offences under the IPC, sought deferment of cross-examination of witnesses under Section 2...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...