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SECOND APPEAL NO. 708 OF 2008

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act.

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliatio...

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Bombay High Court Upholds Trial Court's Order Allowing Defendant to File Written Statement After Delay in Civil Suit — Imposition of Costs Justified. No Interference Under Article 227 as Trial Court's Discretion Was Not Perverse or Jurisdictional Error.

The petitioner, Dr. Milind Arvind Killedar, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14.11.2016...

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Karnataka High Court Dismisses Employer's Appeal Against Reinstatement of Workmen Under Industrial Dispute Act. Held that termination without complying with Section 25-F of the Industrial Disputes Act, 1947 is illegal and workmen are entitled to reinstatement with continuity of service and back wages.

The case involves an appeal filed by Hindustan Aeronautics Limited (HAL) and its officer against an order of a learned Single Judge of the Karnataka H...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application for Return of Plaint on Pecuniary Jurisdiction Grounds. The court held that the Trial Court must determine jurisdiction based on proper valuation and cannot merely accept the plaintiff's valuation without scrutiny.

The petitioners, defendants in a civil suit, challenged an order of the IV Additional Civil Judge and JMFC, Belgaum, dated 19.09.2014, rejecting their...

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High Court of Karnataka Allows Writ Appeal in Land Acquisition Case — Appellant's Title and Possession Over Land Not Extinguished by Acquisition Proceedings. The court held that the appellant had locus standi to challenge the acquisition and that the delay was not fatal as possession continued.

The appellant, Sri V Sreenivasaiah, filed a writ appeal against the order dated 25.02.2025 passed by the learned Single Judge in W.P. No. 2228/2022, w...