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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...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

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Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review.

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, M...

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Bombay High Court Upholds Removal of Executive Engineer in MSEDCL Bribery Case — Summary Dismissal Procedure Valid. Demand and Acceptance of Rs.50,000 Bribe for Clearing Contractor's Bills Constitutes Serious Misconduct Warranting Removal from Service.

The petitioner, Sudhakar Shankar Chapke, was appointed as a Junior Engineer in the Maharashtra State Electricity Board in 1982 and was promoted to Exe...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance for credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

The plaintiffs, IAL Logistics India, a freight forwarding company, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against d...