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Karnataka High Court Dismisses Insurance Company's Appeal and Enhances Motor Accident Compensation Under Order XLI Rule 33 CPC. Death Caused Due to Strangulation by Tractor Machinery; Court Holds Accident Proven and Awards Just Compensation.

The appeal was filed by New India Assurance Company Limited against the judgment and award dated 02.01.2012 passed by the Principal Senior Civil Judge...

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Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Hears Appeal Against Decree on Admission in Commercial Suit — Decree for Rs.4.25 Crores Granted on Alleged Admission in Claim for Rs.22.66 Crore

The appeal arises from an order dated 28 April 2023 passed by a learned Single Judge of the Bombay High Court in Notice of Motion No. 2393 of 2019 in ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigati...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Decree Due to Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Plead and Prove Readiness and Willingness to Perform Contract.

The case involves a second appeal filed by the defendant (Peeraji) against the judgment and decree of the First Appellate Court which granted specific...