Search Results for "Summary Procedure"

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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

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High Court of Judicature at Bombay Scrutinizes Validity of Auction Sale in Execution Proceedings Due to Notice Irregularities. Compliance with Order XXI Rule 66(2) CPC and Affixing of Proclamation on Court-House Examined in Appeal Against Confirmation of Sale.

The appeal arose from an order of the City Civil Court dismissing a notice of motion seeking to set aside an ex parte decree and the subsequent auctio...

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Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...

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Bombay High Court Upholds Plaintiff in Maintainability of Summary Suit Against Qatar Airways; No Prior Consent Under Section 86 CPC Required. Ministry of External Affairs Clarification that Entity Not Covered by Section 86(4) CPC Renders Permission Unnecessary.

The dispute arose from a Summary Suit filed by Shapoorji Pallonji & Company Limited against Qatar Airways under Order 37 of the Code of Civil Procedur...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC.

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Secti...