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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

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Bombay High Court Quashes Criminal Proceedings Against Public Servants in Misappropriation Case for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioners, who were public servants working as Junior Engineer, Assistant Account Officer, Gram Sevak, and Junior Engineer in Panchayat Samiti U...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Bombay High Court Dismisses State's Appeal Against Arbitral Award in BOT Bridge Construction Dispute. Arbitrator's Findings on Extra Work and Interest Upheld as Within Jurisdiction and Not Perverse.

The State of Maharashtra, through the Executive Engineer, Public Works Division, Miraj, filed two appeals under Section 37 of the Arbitration and Conc...

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Bombay High Court Upholds Contempt Reference Against Defendants for Willful Disobedience of Court Orders in Small Causes Suit. Failure to Furnish Particulars Despite Repeated Directions Constitutes Civil Contempt Under Section 2(b) of the Contempt of Courts Act, 1971.

This case involves a reference made by the Small Causes Judge, Mumbai, to the Bombay High Court under Section 15 of the Contempt of Courts Act, 1971, ...