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High Court of Karnataka at Bengaluru Considers Second Appeals on Maintainability of Civil Suits Involving Electricity Tariff Dispute – Core Issue Is Bar on Civil Court Jurisdiction Under Section 145 of the Electricity Act, 2003

The appellants, who were plaintiffs in the original suits, filed four separate suits (O.S. Nos. 613/2013, 612/2013, 610/2013, and 611/2013) before the...

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Gujarat High Court Allows Appeal Against Ex-Parte Decree in Summary Suit for Recovery of Goods Price Due to Improper Service of Summons. Service of Summons in Prescribed Form Under Order 37 Rule 3 CPC is Mandatory and Failure to Serve Properly Renders Ex-Parte Decree Liable to Be Set Aside.

The case arises from a commercial dispute between the appellants (defendants) and the respondent (plaintiff) concerning the recovery of money for good...

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High Court of Karnataka Allows Regular First Appeals in Property Suit — Decree of Trial Court Set Aside for Non-Joinder of Necessary Parties. Suit for Partition and Separate Possession Held Not Maintainable Without Impleading All Co-Sharers Under Order 1 Rule 9 of CPC, 1908.

The judgment pertains to two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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High Court of Karnataka Hears Regular First Appeals Against Trial Court's Part-Decreed Partition Suit. Appeals Challenge Findings on Validity of Wills and Codicils Executed by Parents in Dispute Over Joint Family Properties.

The case involved two regular first appeals under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 03.01.2...

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Bombay High Court Allows Petition in NI Act Case — Remand for De Novo Trial Quashed. Trial Conducted as Summons Case, Not Summary Trial, Hence No Prejudice to Accused Under Section 143 of Negotiable Instruments Act, 1881.

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Sessions...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Ex-parte Decree Set Aside Application Rejected Due to Lack of Sufficient Cause. Order IX Rule 13 CPC Application Dismissed as Appellant Failed to Prove 'Sufficient Cause' for Non-Appearance.

The appellant-defendant, Sri M. Nagesh Suvarna, as Managing Trustee of Sri Koradabbu Daivasthana, filed a Regular Second Appeal under Section 100 read...

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Bombay High Court Examines Maintainability of Individual Workmen's Complaints for Permanency Under MRTU & PULP Act, 1971. Industrial Court Dismissed Complaints Holding Recognised Union Had Exclusive Right to File Such Complaints, and High Court Finds Need for Factual Adjudication on Merits.

The writ petitions arose from a common judgment of the Industrial Court, Pune, dated 13-3-1996, which dismissed 63 workmen's complaints seeking perman...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...