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Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Reserves Judgment on Petitions Challenging SEBI Show Cause Notices Alleging Lack of Jurisdiction and Res Judicata. Petitioners Argued Earlier Penalties Paid for Same Allegations Bar Fresh Notices Under SEBI Act and PFUTP Regulations.

These two writ petitions were heard together by the High Court of Judicature at Bombay challenging show cause notices issued by the Securities and Exc...

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High Court of Judicature at Bombay Scrutinizes Validity of Auction Sale in Execution Proceedings Due to Notice Irregularities. Compliance with Order XXI Rule 66(2) CPC and Affixing of Proclamation on Court-House Examined in Appeal Against Confirmation of Sale.

The appeal arose from an order of the City Civil Court dismissing a notice of motion seeking to set aside an ex parte decree and the subsequent auctio...

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Bombay High Court Dismisses Revision Against Order Rejecting Setting Aside of Ex-Parte Decree in Encroachment Suit. Court Holds That Petitioner Failed to Prove Non-Service of Summons and Alleged Collusion, and Application Under Order IX Rule 13 CPC Was Without Substance.

This civil revision application arose from an order rejecting an application to set aside an ex-parte decree in a suit for possession, damages, and ma...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

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Bombay High Court Dismisses Petition Challenging CAT Order Denying Promotion from 2010. Petitioner's claim for promotion from 22 November 2010 rejected as he was not eligible on that date.

The petitioner, Chandrakant C. Mishra, a Tax Assistant (Group C) aged 61, filed a writ petition before the Bombay High Court challenging the order of ...