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High Court of Karnataka Hears Regular First Appeal Challenging Decree for Specific Performance of Sale Agreement — Appellants Argue Time Was Essence of Contract and Plaintiff Defaulted on Payment. The Court Frames Issues on Time Essence and Plaintiff's Continuous Readiness and Willingness to Perform.

The case arose from a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 25.04.20...

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Bombay High Court Allows Appeal Against Rejection of Plaint in Company Fraud Case. Civil Court Jurisdiction Not Barred Under Section 10GB of Companies Act, 1956 for Fraud Allegations.

The appellants, M/s. Candolim Developers Pvt. Ltd. and its director Sunil Thukral, filed a suit before the Civil Judge Senior Division, Panaji, seekin...

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High Court of Karnataka Condones Delay in Cross-Objection in Partition Suit Involving Muslim Law. Court Determines that 89-Year-Old Defendant Suffering from Old Age Ailments and Lacking Family Support Constituted Sufficient Grounds to Condone 614-Day Delay in Filing Cross-Objection.

The dispute concerned a suit for partition filed by the appellants (plaintiffs), who are the brothers and sister of the deceased Shahnaz Begum, agains...

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Supreme Court Allows Appeal in Will Dispute Case — High Court Erred in Interfering with Concurrent Findings of Fact. Will Execution Proved Under Section 63 of Indian Succession Act, 1925 and Section 65(c) of Indian Evidence Act, 1872.

The case involves a dispute over the validity of a Will dated 30.04.1980 executed by Chandu Ram in favor of his grandsons (sons of defendant No.5 Soha...

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High Court of Karnataka Quashes Assistant Registrar's Order in Co-operative Election Dispute for Lack of Jurisdiction. Petitioner's Candidature Rejection Upheld as Without Jurisdiction; Remedy Lies Before Co-operative Tribunal Under Section 70(2) of Karnataka Co-operative Societies Act, 1959.

The petitioner, Sri S. Shivkumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at ...

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Bombay High Court Upholds Dismissal of Judicial Officer in Disciplinary Proceedings for Misconduct. Non-Supply of Enquiry Report Before Final Order Does Not Vitiate Proceedings Absent Prejudice.

The petitioner, a judicial officer, joined the Maharashtra Judicial Service in 1990. Disciplinary proceedings were initiated against him, and an enqui...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...