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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Acquits Convict in Double Murder Case Due to Unreliable Evidence. Conviction under Section 302 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

The appellant, Buvaji Sahadeo Hajare, was convicted by the Additional Sessions Judge, Satara for the murder of Pandurang Vithoba Hirave and Manubai Pa...

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High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...