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High Court of Karnataka Dismisses Contractor's Writ Petition for Non-Prosecution Due to Absence and Vague Submission. Petitioner failed to appear and counsel left matters to court's imagination, leading to dismissal under Articles 226 and 227 of the Constitution of India.

The petitioner, a registered Class-I Contractor, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court o...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cruelty Case Due to Non-Prosecution. Acquittal of accused under Sections 498-A, 323, 504 read with 34 IPC upheld as complainant failed to appear and State could not show perversity.

The State of Maharashtra filed an appeal against the acquittal of Mustaq Ismail Memon and others (respondents-accused) who were tried for offences und...

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Bombay High Court Allows Appeal in Recovery Suit Due to Non-Prosecution and Lack of Evidence — Original Plaintiff Failed to Prove Loan Transaction, Decree Set Aside.

The appeal arises from a judgment and order of the Civil Judge, Senior Division, Bicholim, decreeing a suit for recovery of Rs. 60,000 with interest a...

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Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...

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Bombay High Court Dismisses Petition Challenging Allotment of Fair Price Shop Due to Non-Prosecution. Minister's order allotting shop to another society upheld as petitioner failed to appear.

The petitioner, Sadichha Mahila Mandal, filed a writ petition challenging an order dated September 15, 1997 passed by the Minister for Food & Civil Su...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Prosecution and Lack of Evidence. Plaintiffs failed to prove readiness and willingness to perform contract for sale of immovable property.

The appellants, M/s. Balaji Constructions Co. and its partners, filed a suit for specific performance of an agreement to sell immovable property again...

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Bombay High Court Dismisses Application for Compensation for Use of Flat Due to Non-Prosecution and Lack of Evidence. Applicants failed to establish liability of Respondent No.3 for royalty or compensation under company law.

The case involves a Company Application filed by Majid Ahmedbhai Oomerbhoy and others seeking compensation/royalty from Respondent No.3 for use of a f...