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Supreme Court Allows Recall of Witness and Additional Documents in Commercial Suit — Upholds Liberal Approach Under Order XVIII Rule 17 CPC. Party Seeking to Place on Record E-Mails and Recall PW-1 for Cross-Examination Must Be Permitted to Ensure Fair Trial and Effective Adjudication.

The dispute arose from a Professional Services Agreement dated 19th February 2013 between M/s. Levitate Mobile Technologies Pvt. Ltd. (LMT), the appel...

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Supreme Court Dismisses Appeal in Specific Performance Case — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence. Plaintiff Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Jaspal Singh, entered into an Agreement to Sell dated 22.06.2003 with the respondent, Ashwani Kumar, for purchase of 12 marlas of land ...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

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Supreme Court Upholds Will Genuineness in Property Dispute — Registered Will Not Vitiated by Suspicious Circumstances Despite Non-Mention of Heirs. Testator's Conscious Decision to Bequeath Part Property to Niece Upheld as Valid Exercise of Testamentary Power Under Indian Succession Act, 1925.

The case pertains to a dispute over the genuineness of a registered Will dated 09.10.1984 executed by Palaniandi Udyar in favour of Navamani Amma, who...

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High Court of Karnataka Allows Framing of Additional Issue in Injunction Suit Despite Absence of Rejoinder. Order XIV Rule 5 CPC empowers court to frame issues from pleadings, not limited to denial.

The petitioner, defendant in a suit for permanent injunction, filed an application under Order XIV Rule 5 CPC seeking framing of an additional issue r...

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Bombay High Court Dismisses Election Petition for Non-Compliance with Mandatory Requirements Under Representation of the People Act, 1951. Failure to Furnish Attested Copies and Official Transcripts of CDs Renders Petition Liable for Summary Dismissal.

The case involves an election petition filed by Adam Narsayya Narayan challenging the election of Praniti Shinde (Respondent No.1) from Solapur City C...