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Supreme Court Quashes Criminal Defamation Proceedings Against Editorial Director and Journalists for Lack of Specific Allegations and Non-Compliance with Section 202 CrPC — News Articles on Art Auction Authenticity Not Defamatory as They Did Not Lower Complainant's Reputation in Eyes of Others.

The Supreme Court allowed the appeals and quashed the criminal proceedings for defamation under Sections 499 and 500 IPC against the appellants, who w...

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Bombay High Court Dismisses Petitioner's Challenge to Grant of Unconditional Leave to Defend in Commercial Summary Suit — Trial Court's Discretion Upheld as Respondent Raised Triable Issues Including Subsequent Settlement Agreement and Validity of Electronic Evidence.

The Petitioner, M/s. Mobile Arts S.A.L., a company incorporated in Lebanon providing digital advertising services, filed a Commercial Summary Suit (No...

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Bombay High Court Dismisses Petitions Challenging Income Tax Search and Seizure Action Under Section 132 of the Income Tax Act, 1961. Court Holds That Formation of Reason to Believe by the Authorizing Officer Is Based on Material on Record and Not Open to Challenge Unless Malafide or No Material Exists.

The petitioners, a private limited company and its directors and their relatives, challenged the search and seizure action conducted on 9th and 10th J...

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High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988.

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis H...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Quashes Civil Court Order Allowing Filing of Reply After Refusal — Civil Court Cannot Review Its Own Order Without Statutory Authority. The court held that a Civil Court cannot sit in appeal over its own order under Order 37 CPC and set it aside without specific provision.

The petitioner, Rentworks India Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the respondent, Indi...

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Bombay High Court Dismisses Petition Challenging Dismissal of Application to Set Aside Ex-Parte Decree in Recovery Suit — Service of Summons Held Valid Despite Defendant's Absence in Kuwait.

The petitioner, Jose Sarat Paes, challenged the judgment and order dated 23/3/2010 passed by the Adhoc Additional District Judge-2, FTC II, Margao in ...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...