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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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Bombay High Court Dismisses Appeals Challenging MPID Act Application in NSEL Scam Case — Held That MPID Act Applies to NSEL as a Financial Establishment and That Default in Repayment of Deposits Attracts Offences Under the Act.

The judgment arises from multiple criminal appeals and interim applications filed by various parties, including directors, brokers, and financial inst...

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Bombay High Court Dismisses Revision Against Order Rejecting Setting Aside of Ex-Parte Decree in Encroachment Suit. Court Holds That Petitioner Failed to Prove Non-Service of Summons and Alleged Collusion, and Application Under Order IX Rule 13 CPC Was Without Substance.

This civil revision application arose from an order rejecting an application to set aside an ex-parte decree in a suit for possession, damages, and ma...

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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

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Bombay High Court Quashes De Novo Trial Order in Summary Case — Section 326(3) CrPC Does Not Mandate Retrial When Evidence Already Recorded by Predecessor Magistrate. Successor Magistrate Can Proceed from Stage of Final Arguments.

The petitioner, Ulhas s/o Fulchand Rathod, was being tried in Summary Criminal Case No. 597/2008 for offences under Sections 143, 294, 341, 504, 506 o...

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High Court of Karnataka Quashes Cognizance Order Against Public Servants in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for Prosecution of Public Servants is Mandatory for Acts Done in Discharge of Official Duty.

The case involves two criminal revision petitions filed by the petitioners (accused No.2, 3 and 4) challenging the order dated 13.4.2012 passed by the...

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Bombay High Court Adjudicates Appeal Against Order Rejecting Impleadment in Suit for Specific Performance. Appellants Sought to Be Added as Co-Plaintiffs, Citing Interest in Property and Necessity for Complete Adjudication.

This appeal arose from the order of a learned single Judge of the Bombay High Court rejecting Chamber Summons No.1334/2004, by which the appellants so...

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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

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High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Service of Summons on Defendants, Remands Matter for Fresh Trial. Ex-parte decree set aside as trial court failed to ensure proper service, violating principles of natural justice under Section 96 CPC.

The appellants, who were defendants 1 to 6 in the original suit, filed this appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Pro...