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Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

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Bombay High Court Disposes Pending Applications and Show Cause Notices in Scheme of Compromise Under Section 391 of Companies Act, 1956. Criminal Proceedings Under Maharashtra Protection of Interest of Depositors Act, 1999 Allowed to Continue Notwithstanding Sanction of Scheme.

The matter arose from a scheme of compromise and arrangement proposed by Europlast India Ltd. under Section 391 of the Companies Act, 1956. The unsecu...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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Karnataka High Court Allows Second Appeal and Remands Suit for Recovery of Possession for Fresh Adjudication; First Appellate Court's Decree Set Aside for Failure to Frame Points for Determination and Properly Prove Wills under Evidence Act.

The case arose from a regular second appeal filed by the legal representatives of the original defendant against the judgment of the first appellate c...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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Bombay High Court Hears Petition Under Section 37 of Arbitration Act Challenging Arbitrator’s Interim Order in Film Remake Rights Case. Dispute Involves Enforcement of Agreement Dated 24 January 2012 Granting Remake Rights of Film 'Zanjeer' and Payment of Instalments.

The petition was filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an interim order dated 16 July 2012 passed by the l...

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High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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Bombay High Court Allows Employee's Writ Petition Challenging Industrial Court's Reversal of Reinstatement Order. Industrial Court Erred in Permitting De Novo Enquiry Without Employer Reserving Right in Written Statement as Per Supreme Court Precedent.

This writ petition arises from an industrial dispute where the petitioner-employee, a sweeper with the Nanded-Waghala City Municipal Corporation, chal...