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Bombay High Court Allows Summons for Judgment in Container Lease Dispute — Defendant Fails to Raise Triable Issues. Plaintiff entitled to decree for unpaid replacement value of lost containers under Equipment Agreement dated 30th December 2002.

The Plaintiff, Florens Containers Inc., filed a summary suit against the Defendant, M/s. Ornate Multimodal Carriers Pvt. Ltd., for recovery of US$ 58,...

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Bombay High Court Dismisses Petition Challenging Dismissal of Application to Set Aside Ex-Parte Decree in Recovery Suit — Service of Summons Held Valid Despite Defendant's Absence in Kuwait.

The petitioner, Jose Sarat Paes, challenged the judgment and order dated 23/3/2010 passed by the Adhoc Additional District Judge-2, FTC II, Margao in ...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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High Court of Karnataka Quashes Cognizance Order Against Public Servants in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for Prosecution of Public Servants is Mandatory for Acts Done in Discharge of Official Duty.

The case involves two criminal revision petitions filed by the petitioners (accused No.2, 3 and 4) challenging the order dated 13.4.2012 passed by the...

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Bombay High Court Dismisses Petitioner's Challenge to Grant of Unconditional Leave to Defend in Commercial Summary Suit — Trial Court's Discretion Upheld as Respondent Raised Triable Issues Including Subsequent Settlement Agreement and Validity of Electronic Evidence.

The Petitioner, M/s. Mobile Arts S.A.L., a company incorporated in Lebanon providing digital advertising services, filed a Commercial Summary Suit (No...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

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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Karnataka High Court Dismisses Petition to Quash POCSO Charges Due to Multiplicity of Child Victims Alleging Sexual Assault. Court Holds That Procedural Violations Do Not Vitiate Proceedings When Prima Facie Material Discloses Serious Offences, Requiring Full Trial.

The petitioner, an Assistant Professor at the Indian Institute of Science, Bengaluru, filed a petition under Section 482 of the Code of Criminal Proce...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...