Search Results for "Order XXIII"

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

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High Court of Karnataka Quashes Charge Sheet in Lokayukta Case for Lack of Sanction Under Section 19 of PC Act. Petitioner, a retired Superintendent, was charged under Prevention of Corruption Act, 1988 without prior sanction from competent authority, rendering proceedings invalid.

The petitioner, Sri S.V. Nandaraju, a retired Superintendent, filed a writ petition under Article 226 of the Constitution read with Section 482 Cr.P.C...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Favor of London Courts. Contractual Clause Ousting Jurisdiction of Indian Courts Upheld Where Parties Agreed to English Law and Exclusive Jurisdiction of London Courts.

The plaintiff, LSI Logistic Shipping International S.A., a company incorporated under the laws of Luxembourg, filed a commercial suit against the defe...

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Bombay High Court Dismisses Petition Challenging Condition on Scheduled Tribe Certificate Validity. Petitioner's Gond Tribe Not Recognized as Scheduled Tribe in State of Origin, Hence No Entitlement to Concessions in Maharashtra Under Maharashtra Act No. XXIII of 2001.

The petitioner, Premlal s/o Poonamsingh Maria, was issued a caste certificate on 21-6-1988 by the Executive Magistrate, Nagpur, certifying him as belo...

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Bombay High Court Dismisses Petitions Challenging Termination of Employees Appointed Without Following Statutory Recruitment Rules in Education Sector. Appointments Made Without Approval of Competent Authority and Without Following Reservation Policy Are Void Ab Initio.

The Bombay High Court, Nagpur Bench, disposed of four writ petitions filed by employees challenging their termination from service. The petitioners we...

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Bombay High Court Dismisses Petition for Non-Prosecution in Caste Verification Case. Interim Relief Vacated as Petition Challenging Rejection of 'Gondhali' Caste Claim Dismissed for Default.

The petitioner, Vinod Ramling Ghogare, filed a writ petition before the Bombay High Court challenging an order dated 6th May 2009 passed by the Divisi...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...