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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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Bombay High Court Dismisses Second Appeal in Service Termination Dispute — Concurrent Findings of Lower Courts Upheld. Employee Failed to Prove Illegal Termination; Entitled Only to Limited Monetary Claims.

The appellant, Nishikant Narayan Kale, was appointed as Planning Manager of Bajaj Tempo Limited (now Force Motors Limited) on 18 May 1980 on probation...

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Madras High Court Dismisses Second Appeal in Possession Suit — Upholds Concurrent Findings on Licensee's Obligation to Vacate. Unregistered Othi Deed Treated as License, Not Lease, Under Section 100 CPC.

The case involves a dispute over possession of a property in Paramakudi. The plaintiff, R.Rajasekaran, purchased the suit property by registered sale ...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...