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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

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High Court Dismisses Writ Appeal in Cooperative Society Dispute, Upholds Single Judge's Order Directing Joint Registrar to Decide Application on Merits. Frivolous and prolonged litigation erodes faith in justice delivery system.

The appellant, Sri G. Krishnamurthy, had been involved in a long-standing dispute with the MICO Associates Housing Cooperative Society Ltd. The appell...

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Karnataka High Court Allows Writ Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The court held that disputes regarding management of a company are not maintainable under writ jurisdiction and must be raised before the Company Law Board under the Companies Act, 2013.

The case involves two writ appeals filed by individuals against an order of a Single Judge of the Karnataka High Court in a writ petition filed by M/s...

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Supreme Court Examines DDA Challenge to E-Auction Sale of Leasehold Plot for Lack of Prior Mortgage Consent. Lease Deed Clause 5(b) and Statutory Dues Claim Raise Issues of Res Judicata and Auction Purchaser Rights Under Recovery of Debts and Bankruptcy Act, 1993.

The dispute concerned a leasehold plot allotted by Delhi Development Authority (DDA) to Sarita Vihar Club on 01.10.2001 for construction of a recreati...