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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to File Written Statement — Delay of 4 Years Not Condoned as No Sufficient Cause Shown. Trial Court's Order Upheld as Neither Illegal Nor Perverse Under Order 8 Rule 1 CPC.

The petitioners, original defendants in Regular Civil Suit No.1118/1998 pending before the 3rd Joint Civil Judge, Junior Division, Aurangabad, challen...

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Bombay High Court Quashes De Novo Trial Order in Summary Case — Section 326(3) CrPC Does Not Mandate Retrial When Evidence Already Recorded by Predecessor Magistrate. Successor Magistrate Can Proceed from Stage of Final Arguments.

The petitioner, Ulhas s/o Fulchand Rathod, was being tried in Summary Criminal Case No. 597/2008 for offences under Sections 143, 294, 341, 504, 506 o...

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High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...