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Bombay High Court Allows Accused to Participate in 'B' Summary Report Proceedings — Right of Hearing Not Denied to Accused Under Section 173 CrPC. The accused is entitled to be heard before the Magistrate decides on a 'B' summary report, as the decision may affect his liberty and reputation.

The petitioner, Gopal Bhagwan Sonar, was the original first informant in a criminal case registered at Parola Police Station, Jalgaon, alleging offenc...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court at Goa Allows Appeal in Inventory Proceedings Due to Non-Compliance with Summary Inquiry Requirement. Section 400(5) of Goa Succession Act, 2012 Mandates Summary Inquiry Before Disposal of Objections; Order Set Aside and Matter Remanded.

The appeal was filed against an order dated 31.08.2019 passed by the Inventory Court disposing of objections raised at Exhibits 46, 49, and 54 by inte...

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Bombay High Court Quashes Conviction in Consumer Protection Act Penalty Case for Violation of Summary Trial Procedure. Failure to Record Plea and Conduct Trial as Per Sections 254 and 262 CrPC Renders Proceedings Void.

The petitioner, Suhas Ratnakar Morey, was convicted by the Maharashtra State Consumer Disputes Redressal Commission (State Commission) under Section 2...

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Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...