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High Court of Karnataka Hears Writ Petition to Quash FIR Against Intermediary in Alleged Fraud. Petitioner Alleged to be Mere Intermediary Between Complainant Company and UK-Based Supplier in International Sales Contract.

The petitioner, Govindaraja, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimin...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 12.4.2005 passed by the First Additional ...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Written Statement Filing in Civil Suit — Order 8 Rule 1 CPC Held Directory Not Mandatory. The court declined to interfere under Article 227 as the trial court's order was not perverse or illegal.

The petitioners, who were defendants in a civil suit (O.S.No.6032/2017) pending before the XXVII Additional City Civil Judge, Bengaluru, filed a writ ...