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Karnataka High Court Allows Writ Petition Challenging Trial Court Order Refusing to Implead Trust Members in Suit for Declaration and Injunction — Held That Necessary Parties Must Be Joined Under Order 1 Rule 10 CPC to Avoid Multiplicity of Proceedings.

The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the orde...

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High Court of Karnataka Dismisses Petition by Foreign Shareholder Challenging Constitutional Validity of Section 272(1)(e) Companies Act, 2013. Section 272(1)(e) is not ultra vires the Constitution; second proviso to Section 272(3) does not apply to petitions under Section 272(1)(e).

The petitioner, Devas Employees Mauritius Private Limited, a company incorporated under the laws of Mauritius and a shareholder of Devas Multimedia Pr...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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Madras High Court Allows Revision Against Dismissal of Commissioner Appointment in Partition Suit — Failure to Consider Application on Merits. Order XXVI Rule 9 CPC Requires Application of Mind and Recording of Reasons Before Dismissing Application for Appointment of Advocate Commissioner.

The petitioner, N. Nithyanandan, filed a Civil Revision Petition under Article 227 of the Constitution of India challenging the order dated January 20...

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Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found.

The case arises from a suit for partition and separate possession filed by the plaintiff (first respondent) in O.S. No.169 of 2008 before the District...

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Madras High Court Allows Revision Petition Filed by Judgment Debtors Against Execution Orders Passed During Pendency of Appeal with Delay Condonation Application. Executing Court's Orders Set Aside and Possession Restored as Execution Proceedings Were Premature and Without Jurisdiction.

The present Civil Revision Petition was filed by the petitioners, who were defendants in O.S.No.54 of 2010 on the file of the Subordinate Court, Valli...