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Madras High Court Dismisses Condonation of Delay Petition in Specific Performance Suit — 1749-Day Delay Unexplained. Petitioners Failed to Show Sufficient Cause for Delay in Filing Revision Against Dismissal of Application to Set Aside Exparte Decree.

The petitioners, defendants in a suit for specific performance of an agreement of sale dated 01.03.2012, faced an exparte decree. They filed an applic...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises when both lower courts have concurrently found that the plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

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High Court of Karnataka Allows Second Appeal in Property Suit — Reverses First Appellate Court's Decision and Restores Trial Court's Decree. Court Holds That the First Appellate Court Failed to Properly Reappreciate Evidence and Erred in Reversing the Well-Reasoned Judgment of the Trial Court.

The present regular second appeal was filed by the plaintiffs, Parvathamma and Lokesh H., challenging the judgment and decree dated 10.11.2004 passed ...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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High Court Upholds Labour Court Award of Reinstatement with Back Wages for Bank Employee Terminated Without Proper Inquiry. Termination Based on Criminal Arrest Without Conviction and Without Domestic Inquiry Held Illegal Under Industrial Disputes Act, 1947.

The petitioner, ICICI Bank Ltd., challenged the awards passed by the Labour Court at Kolhapur dated 13th February 2014 (Part-I Award) and 15th May 201...

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Bombay High Court Allows Municipal Council's Challenge to Labour Court Awards in Retrenchment Compensation Cases. Payment of Retrenchment Compensation Shortly After Termination Held Sufficient Compliance with Section 25F of Industrial Disputes Act, 1947.

The Ahmednagar Municipal Council filed multiple writ petitions challenging the common judgment and order of the Labour Court, Ahmednagar, dated 30th A...

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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...