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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Defendant's Failure to Comply with Conditional Leave to Defend Results in Entitlement to Judgment Forthwith.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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Bombay High Court Allows Revision in Summary Criminal Case Under Section 138 NI Act — Trial Must Be De Novo After Transfer Under Section 326 CrPC. The Court held that in summary trials, the successor Magistrate cannot act on evidence recorded by predecessor and must conduct de novo trial.

The applicant, Jaikishan Kanjiwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M/s Kumar Matc...

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High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988.

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis H...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance of credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

The plaintiffs, IAL Logistics India, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against defendants Quantum Interna...

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High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...