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Bombay High Court Allows Petition Challenging SEBI Summons Under Article 227 and BNSS 2023 — Summons Issued Without Proper Application of Mind Quashed. SEBI's Power Under Section 11(2) and 11(3) of SEBI Act, 1992 Must Be Exercised with Due Application of Mind and Not as a Routine Matter.

The petitioner, Neville Tuli, an entrepreneur aged 61, filed a writ petition under Article 227 of the Constitution of India and Section 528 of the Bha...

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Gujarat High Court Quashes Trial Court Order Allowing Late Filing of Written Statement in Civil Suit — Violation of Order 8 Rule 1 CPC. Court holds that discretion to condone delay in filing written statement must be supported by sufficient cause and cannot be exercised mechanically.

The petitioners, original plaintiffs in Regular Civil Suit No. 294/2010 pending before the Court of Additional Senior Civil Judge (Rural), Ahmedabad, ...

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Gujarat High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Remands Matter for Fresh Hearing After Finding Bailiff Report Indicated Summons Returned Unserved.

The present First Appeal was filed by the original defendants challenging the judgment and decree dated 30.7.2004 passed by the learned Chamber Judge,...

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Bombay High Court Allows Shareholder's Impleadment in Suit for Declaration Regarding Sale of Company Property — Petitioner Has Direct Interest in Subject Matter of Suit

The petitioner, Pradeep Mandhana, a shareholder of Golden Tobacco Ltd., filed a Chamber Summons seeking impleadment in S.C. Suit No.817 of 2011 filed ...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...