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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 Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Recall Witnesses in Civil Suit. Court holds that trial court erred in dismissing IA for recall of PW-1 for further cross-examination without considering the principles of natural justice and fair opportunity.

The petitioners, who are the plaintiffs in O.S.No.4067/2009 pending before the XV Additional City Civil and Sessions Judge, Bengaluru, filed a writ pe...

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Supreme Court Dismissed the appeals of Appellants in Murder Case -- High Court Convicted Under IPC Sections 302, 34, 148, 341 Reversed and Acquittal , Justification in conviction

The Supreme Court heard criminal appeals challenging the High Court's judgment that convicted the appellants for murder, reversing the Sessions Court'...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Benami Transaction Not Proved. Suit for declaration and possession decreed as plaintiff established title through sale deed and possession, while defendant failed to prove that property was purchased benami in plaintiff's name.

The appellant-defendant Mahadev filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the concurrent judgment...

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Dying Declarations. Conviction under Section 6 of POCSO Act and Section 363 IPC set aside as the dying declarations were contradictory and lacked corroboration.

The appellant, M. Vigneshwaran, was convicted by the Special Court under POCSO Act for penetrative sexual assault and kidnapping of a 17-year-old girl...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...