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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Gujarat High Court Quashes Revenue Tribunal Order in Tenancy Revision Due to Gross Delay. Inordinate Delay of 34 Years in Challenging Mamlatdar's Order Cannot Be Condoned Without Proper Explanation Under Tenancy Act.

The State of Gujarat, through the Deputy Collector, filed a Special Civil Application under Article 227 of the Constitution challenging an order dated...

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Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...