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Bombay High Court Allows Amendment and Recasting of Issues in Property Suit — Petitioner Granted Opportunity to Amend Plaint and Add Relief of Possession Under Order VI Rule 17 CPC. Trial Court's Rejection of Amendment and Recasting of Issue Set Aside as Premature and Contrary to Law.

The petitioner, Archana Ashok Amburle, filed a Regular Civil Suit No.6 of 2012 before the Civil Judge, Junior Division, Dapoli, seeking a mandatory in...

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Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

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Bombay High Court Dismisses Petition Challenging Appointment of Special Public Prosecutor in Sessions Case — No Bias Found. Professional acquaintance between prosecutor and victim does not disqualify appointment under Section 24 CrPC.

The petitioners, Shivaji Rajaram Take and Sharad Shivaji Take, are the original accused in Sessions Case No.12 of 2020 pending before the Additional S...

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Bombay High Court Upholds Settlement Commission's Rejection of Settlement Application for Non-Pending Assessment Proceedings. Settlement Application Filed Before Expiry of Reassessment Limitation Does Not Constitute Pending Proceedings Under Section 245A(b) of Income Tax Act, 1961.

The petitioner, M/s. Shriniwas Machine Craft Pvt. Ltd., a company engaged in fabrication of sheet metal canopies for diesel generating sets, filed a w...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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KAHC010059832012_1

The available text of the judgment only includes the list of parties in W.P.No.27674/2012 and connected cases, filed as a Public Interest Litigation b...