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Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

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High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Rejection of Application for Handwriting Expert Opinion in N.I. Act Case. Trial Court's Order Set Aside as Petitioner Was Denied Opportunity to Prove Defence Under Section 45 r/w Section 73 of Indian Evidence Act, 1872.

The petitioner, Annappa Maruti Magadum, was a member of the respondent, Karnataka Multipurpose Souhard Sahakari Ltd., Chikkodi. He had availed an MTL ...

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Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

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Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

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Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the appellant failed to prove the mortgage and refusal to redeem, and no substantial question of law arises under Section 100 CPC.

The appellant, Gulabrao Vishwas Desai, filed a second appeal before the Bombay High Court against the judgment and order dated 3rd August 1988 passed ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Acquits Public Servants in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The case involves two appeals against a conviction under the Prevention of Corruption Act, 1988. The appellants, Kashinath Vikramji Thorat (accused No...