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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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High Court Allows Appeal Against Remand Order in Suit for Declaration of Ownership of Property Near Protected Monument — Held That Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order.

The appellant, Balkrishna Padmakar Joshi, filed a Regular Civil Suit No.377 of 2005 seeking declaration of ownership and injunction in respect of a re...

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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High Court Sets Aside First Appellate Court Judgment for Non-Compliance with Order 41 Rule 31 CPC in Property Dispute. Failure to Formulate Points and Adjudicate All Issues Renders Judgment Unsustainable; Matter Remanded for Fresh Decision on Title and Adverse Possession.

This second appeal arose from a property dispute over a house on nazul land in Nagpur. The original plaintiff, Jankibai (later substituted by Puniyaba...

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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 Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...