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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

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High Court of Bombay at Goa Quashes Cancellation of Shack Allotment for Violation of Natural Justice. Director of Tourism's Orders Set Aside as Show Cause Notice Did Not Specify Grounds and No Opportunity of Hearing Was Given.

The petitioners, Alex J. Fernandes and Agustinho Coutinho, were allotted shacks at Umtawado, Calangute, Goa under the Tourism Policy 2016-2019 after a...

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Karnataka High Court Adjudicates Criminal Appeals Against Conviction in CBI Case Involving Fraudulent Auction of Wadiyar's Land for Tax Recovery. Convicts Challenge Trial Court's Judgment Under IPC and PC Act for Conspiracy, Cheating, and Corruption.

These criminal appeals arise from the judgment dated 30.08.2010 in Special CC No.134/1998 by the XXI Additional City Civil and Sessions Judge and Spec...

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Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...

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Bombay High Court Allows Summons for Judgment in Summary Suit for Recovery of Debenture and Deposit Amounts — Acknowledgment of Liability Found in Correspondence. Evidentiary Value of Letters as Acknowledgment Under Section 18 of Limitation Act, 1963, Upheld to Extend Limitation Period.

The Bombay High Court heard a Summons for Judgment in a summary suit filed by Canara Bank and others, as trustees of Canbank Mutual Fund, a trust unde...