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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

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Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit for Recovery of Goods Sold. Court Holds That Admission in Advocate's Reply Does Not Bar Grant of Unconditional Leave Under Order 37 Rule 3(5) CPC When Triable Issues Exist.

The petitioner, Gaurav Singhania, proprietor of Gaurav Industries, filed a summary suit (Summary Suit No.15/2010) against Matrix Agri Science Pvt. Ltd...

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Bombay High Court Dismisses Petition for Appointment of Guardian for Elderly Litigant in Property Dispute — No Evidence of Mental Incapacity Found. Court Holds That Advanced Age Alone Does Not Justify Appointment of Next Friend Under Order XXXII Rule 15 CPC.

The dispute arose between siblings over a flat in Matru Chhaya, Marine Drive, Mumbai, inherited from their father. The respondent No.1, aged 75, was t...

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Bombay High Court Dismisses Criminal Contempt Petition Alleging Scandalizing of Lower Court. Use of Words 'Extraneous Considerations' in Review Application Held Not to Constitute Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Col. Mahendra Pratap Choudhary, filed a criminal contempt petition under Section 15 read with Section 2(c) of the Contempt of Courts A...