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Bombay High Court Allows Appeal in Defamation Suit, Directs Trial Court to Accept Written Statement Despite Delay. Sibling Dispute Over Property and Defamation Leads to Procedural Challenge Under Order VIII Rule 1 CPC.

The present appeal arises from an order of the Trial Court refusing to take the written statement of the original defendant (the appellant) on the gro...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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High Court of Karnataka Allows Writ Petition Challenging Remand Order in Private Complaint Case. The court held that once cognizance is taken and process issued under Section 204 CrPC, the Magistrate cannot be directed to conduct a re-enquiry under Section 202 CrPC.

The petitioner, Mrs. Jessie Mary Fernandes, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 0...

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Bombay High Court Dismisses Application to Set Aside Ex Parte Decree in Suit for Want of Written Statement. Rule 89 of Bombay High Court (Original Side) Rules Allows Judgment Without Separate Notice of Motion Where Written Statement Not Filed Within Time.

The case involves a Notice of Motion filed by the 1st defendant (Aviation Travels Pvt Ltd) seeking to set aside an ex parte order dated 7th October 20...

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Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...