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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...

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Bombay High Court Dismisses Petitions Challenging Cooperative Bank Recovery Proceedings Under Maharashtra Cooperative Societies Act, 1960 — Petitioners Failed to Show Any Error in the Award or Recovery Certificate.

The judgment concerns a batch of writ petitions filed by various individuals (the petitioners) against Shamrao Vithal Cooperative Bank Ltd. (the respo...

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Bombay High Court Dismisses Appeal Against CLB Order in Company Law Dispute Over Share Transfer and Oppression. Court upholds CLB's refusal to dismiss petition under Section 397/398 of Companies Act, 1956, finding prima facie case of oppression and mismanagement.

The judgment arises from a company appeal filed under Section 10F of the Companies Act, 1956, by M/s. Gharda Chemicals Limited and others against an o...

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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, 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 Revision Against Rejection of Leave to Defend in Summary Suit for Recovery of Union Funds. Court holds that defendants failed to show a triable issue or bona fide defence under Order 37 CPC, as the suit was based on a settlement agreement and consent terms.

The present Civil Revision Application was filed by the applicants (original defendants) challenging the order dated 20th January 2015 passed by the l...

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High Court of Karnataka Quashes Arrest Warrant in Maintenance Case — Failure to Consider Objections and Lack of Proper Service Render Order Unsustainable. Family Court directed to reconsider husband's objections in proceedings under Section 125 CrPC after ensuring proper service of notice.

The petitioner, Sri Sailesh Kumar, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengalur...