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Supreme Court Allows Appeal and Restores Possession Based on Setting Aside of Ex Parte Decree — Suppression of Material Facts Leads to Quashing of Demarcation and Contempt Orders

The Supreme Court allowed the appeals filed by Om Prakash Ram against the State of Bihar and others, setting aside the orders of the Patna High Court ...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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Bombay High Court Allows Civil Revision Application Filed by Original Plaintiff Against Order Setting Aside Ex-Parte Decree — Defendant Failed to Show Sufficient Cause for Absence. Litigant Must Inform Court or Advocate of Change of Address and Cannot Blame Advocate for Non-Appearance.

This civil revision application under Section 115 of the Code of Civil Procedure, 1908 arose from an order of the City Civil Court, Greater Mumbai, wh...

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Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Eviction Case — Bonafide Requirement and Lapse of Lease Term Upheld. The concurrent findings of fact by the trial court and appellate court were not shown to be perverse or illegal, and the revision was dismissed.

The case involves a civil revision application filed by the original defendant (tenant) against the respondent (original plaintiff/landlord) challengi...

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High Court of Karnataka Allows Appeal Against Setting Aside of Ex Parte Decree in Gift Deed Cancellation Suit. Order IX Rule 13 CPC Petition Filed Beyond Limitation Without Sufficient Cause Cannot Be Entertained.

The appellant, B.A. Viswanath, filed a suit (O.S.2699/2004) against the respondent, Smt. Govindamma, seeking declaration and cancellation of a gift de...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...

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Bombay High Court Allows Employer's Petition Against Exparte Labour Court Award for Violation of Natural Justice. Employer Denied Opportunity to Defend Due to Non-Service of Notice, Award Set Aside and Matter Remanded.

The judgment pertains to two writ petitions filed by the employer, the Deputy Engineer of Zilla Parishad Constructions, challenging an exparte award p...

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Bombay High Court Dismisses Writ Petition by Irrigation Department Against Enhanced Compensation Award. Court Upholds Reference Court's Determination of Market Value Under Land Acquisition Act, 1894 for Agricultural Land Acquired for Irrigation Project.

The petitioner, the Executive Engineer of the Irrigation Department, Zilla Parishad, Latur, filed a writ petition challenging the judgment and award o...