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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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Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Cheque Dishonour Case. Magistrate's Rejection of Section 311 CrPC Application Set Aside as Failure to Exercise Jurisdiction.

The petitioner, Shankar s/o Nathuji Khandare, was the original accused in S.C.C. No. 5305/2009 filed by respondent no.2, APT Packaging Limited, under ...

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Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

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Bombay High Court Allows Petition Challenging Removal of Chairman in Co-operative Housing Society Dispute Over Redevelopment. Managing Committee Resolution and Deputy Registrar's Endorsement Set Aside for Violation of Natural Justice and Bye-Laws Under Maharashtra Co-operative Societies Act, 1960.

The case involves a challenge by Madhavi Vilas Gosavi (Petitioner No.2) and another member (Petitioner No.1) against a resolution of the Managing Comm...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Written Statement Filing in Civil Suit — Order 8 Rule 1 CPC Held Directory Not Mandatory. The court declined to interfere under Article 227 as the trial court's order was not perverse or illegal.

The petitioners, who were defendants in a civil suit (O.S.No.6032/2017) pending before the XXVII Additional City Civil Judge, Bengaluru, filed a writ ...

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Bombay High Court Allows Writ Petition in SVLDRS Scheme Case — Rejection of Form 1 Quashed for Violation of Natural Justice. Petitioner Held Eligible for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 Despite Pending Audit.

The petitioner, P. N. Gadgil & Sons Ltd., a manufacturer and seller of gold/silver articles and jewellery registered under the Central Excise Act, fil...