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High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction.

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an...

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KAHC010341872013_1

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High Court of Karnataka Considers Challenge to Karwar Port Expansion Over SEIAA Authority and Consent Deficiencies. Petitions by Fishermen Associations Raise Category A Project and Pollution Control Compliance Issues Under EIA Notification.

Two public interest litigations were filed under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging...

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High Court of Bombay Adjudicates Writ Petitions Challenging Desilting Policy Tender Conditions as Arbitrary and Unconstitutional. Petitioners Contend Conditions Violate Articles 14 and 19(1)(g) and Disregard Court's Directive in PIL No.143 of 2012.

The High Court of Bombay heard four connected writ petitions challenging certain conditions stipulated in a Government Resolution dated 03.08.2018 iss...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Approval of Layout Plan. Court holds that time was not of the essence and that the purchaser was ready and willing to perform.

The appellant, M/s. Bagadia Builders & Developers, a proprietary concern through its proprietor Shravankumar Purushottam Bagadia, entered into an agre...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...

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High Court of Karnataka Allows Appeal Under Section 37(1)(a) of Arbitration Act Against Rejection of Section 8 Application in Salary Recovery Suit. Employer's Application for Reference to Arbitration Allowed as Employment Contract Contained Arbitration Clause.

The respondent, Mohan Kumar Thakur, filed a suit for recovery of salary dues and other amounts totaling Rs. 66,13,717/- with interest against his empl...