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High Court of Karnataka Quashes Order Allowing Recall of PW5 for Cross-Examination via Video Conferencing Under Section 311 Cr.P.C. — Recall Not Permissible as Witness Already Cross-Examined and No New Evidence Sought

The petitioner, Mahadev, was the accused in C.C. No. 94/2017 pending before the III Additional Senior Civil Judge and JMFC, Vijayapur. The case arose ...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Liberal Approach to Amendment Under Order VI Rule 17 CPC. Amendment sought to include additional properties and correct description of existing properties, held to be necessary for determination of real controversy between parties.

The petitioner-plaintiff filed a suit for partition in O.S.No.62/2010 before the Senior Civil Judge and J.M.F.C, Channagiri. During the pendency of th...

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Bombay High Court Allows MSRTC's Petition, Sets Aside Condonation of Delay in Unfair Labour Practice Complaint. Pendency of Criminal Case and Acquittal Not Sufficient Cause to Condone Delay in Challenging Departmental Punishment Under MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) and its Divisional Traffic Officer filed a writ petition challenging an order of the Industri...

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Bombay High Court Allows Defendant to Produce Documents in Civil Suit Despite Delay — Liberal Approach to Amendment of Pleadings Under Order 6 Rule 17 CPC. Pre-trial stage application for production of documents should be liberally allowed to avoid multiplicity of proceedings.

The petitioner, M/s. HCL Ltd., was the defendant in Special Civil Suit No.222/93/III pending before the Additional Civil Judge, Senior Division, Marga...

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Bombay High Court Allows Condonation of 11-Day Delay in Filing Appeal — Liberal Approach in Absence of Negligence or Malafides. The court held that a delay of 11 days in filing an appeal should be condoned as the explanation was sufficient and there was no negligence or malafides.

The petitioner, Smt. Conceicao Maria Pereira Fernandes, filed a writ petition in the High Court of Bombay at Goa challenging an order dated 2nd July 2...

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Bombay High Court Allows Restoration of Appeal Dismissed for Default Under Order 41 Rule 19 CPC — Sufficient Cause Shown for Absence of Appellant and Advocate. Appellant's Explanation of Being Misled by Advocate Accepted as Sufficient Cause for Restoration of Appeal.

The appellant, original defendant in a suit, challenged the judgment and decree of the trial court dated 17th September 1987 by filing an appeal in th...