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High Court of Karnataka Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act.

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Neg...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Agreement to Sell Not Proved as Genuine Transaction Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, T. Narayana, filed a Regular First Appeal before the High Court of Karnataka against the dismissal of his suit for specific performance...

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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High Court Considers Quo Warranto Petition Alleging Illegal Appointment Against Non-Notified BCT Post in KIADB. Petition Argues That Appointment in Contravention of Advertised Reservation Is Void Ab Initio Under Articles 14 and 16 of the Constitution.

The writ petition was filed under Article 226 of the Constitution of India by a registered society representing Scheduled Caste, Scheduled Tribe, and ...