Search Results for "Diligence"

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Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

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Supreme Court Dismisses Appeal in Consumer Insurance Dispute Over Voyage Monsoon Condition. Insurance Claim Repudiation Upheld as Vessel Sailed After Monsoon Set In, Breaching Special Condition Under Consumer Protection Act, 2019.

The dispute arose from an insurance claim repudiation concerning a barge's maiden voyage from Mumbai to Kolkata. The appellant, engaged in shipping bu...

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Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Bombay High Court Quashed the Order of Joint Charity Commissioner Allowing the Sale of Trust Properties – Remanded Back for Fresh Adjudication. Ensuring Transparency and Protection of Trust’s Interests – Court Mandates Re-Evaluation of Trust Property Sale

The Court held that the Charity Commissioner must rigorously evaluate the necessity and benefits of alienating trust property, ensure fair market valu...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...