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Notice of Motion to Quash Undefended Suit Order and Condonation of Delay. A Legal Challenge to Balance Procedural Flexibility and Strict Timelines Under the Commercial Courts Act

Notice of Motion requesting to quash and set aside orders that moved a suit to the undefended list due to the defendants' failure to file a written st...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Supreme Court Upholds High Court's Quashing of State Order Transferring Idol Theft Cases to CBI. Court holds that transfer of investigation without consulting the investigating officer and without court's approval was improper.

The State of Tamil Nadu appealed against the Madras High Court's judgment dated 30.11.2018, which quashed the State Government's order dated 01.08.201...

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Supreme Court Upholds High Court's Direction to Release Seized Vehicles in Forest Offence Cases. Magistrate's Power Under Section 451 CrPC Not Ousted by Initiation of Confiscation Proceedings Under Section 52(3) of Indian Forest Act, 1927.

The Supreme Court considered appeals by the State of Madhya Pradesh against High Court orders directing the release of vehicles seized for illegal san...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Supreme Court Dismisses Petition Challenging Cognizance Order in SC/ST Act Case — Holds That Special Court Can Take Cognizance Directly and That High Court's Refusal to Quash Proceedings Was Not Erroneous.

The case involves a special leave petition filed by Ramveer Upadhyay and another against the State of Uttar Pradesh and another respondent. The petiti...

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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...