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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Written Statement Filing in Civil Suit — Order 8 Rule 1 CPC Held Directory Not Mandatory. The court declined to interfere under Article 227 as the trial court's order was not perverse or illegal.

The petitioners, who were defendants in a civil suit (O.S.No.6032/2017) pending before the XXVII Additional City Civil Judge, Bengaluru, filed a writ ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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Bombay High Court Directs Cooperative Court to Decide Interim Application in Society Redevelopment Dispute. Minority Members' Challenge to Resolutions Led to High Court Direction Under Section 9 of Arbitration and Conciliation Act, 1996 to Avoid Delay in Redevelopment.

The case pertains to a petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by MP Space Dynamics Pvt. Ltd., the developer, aga...

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Bombay High Court Allows Defendants to File Written Statement Beyond 120 Days in Pre-2015 Commercial Suit. Mandatory timeline under Commercial Courts Act, 2015 does not apply retrospectively to suits filed before the Act and transferred to Commercial Division.

The Bombay High Court addressed a preliminary legal question in a Notice of Motion arising from a Commercial Suit. The suit was originally filed in 20...

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Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...