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High Court of Karnataka Considers Regular Second Appeal Against First Appellate Order Setting Aside Decree for Name and Caste Correction. First Appellate Court Set Aside Trial Court Decree Holding Suit Not Maintainable, and the High Court Examines Jurisdictional Questions.

The litigation arose when a minor plaintiff, through his father as guardian, filed a suit seeking a declaration that his correct name was 'Aarush' and...

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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...