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High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

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Bombay High Court Revokes Leave for Representative Suit in Tata Group Shareholder Dispute. Court holds that shareholders of different listed companies lack the same interest required under Order 1 Rule 8 CPC.

The Plaintiffs, claiming to be shareholders of various listed companies of the Tata Group, filed a representative suit under Order 1 Rule 8 of the Cod...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Income Assessment Upheld. Tribunal's Award of Rs. 88,46,000/- with 12% Interest Confirmed as Based on Evidence.

The case arises from a motor accident claim petition filed by the respondents (claimants) being the wife, daughter, and mother of the deceased Dilip M...

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Bombay High Court Allows Writ Petitions Challenging Recovery Certificates Under Section 101 of MCS Act for Lack of Proper Opportunity of Hearing. Sub Registrar's order recorded withdrawal of advocate but recovery certificate stated 'none present', indicating procedural violation.

The petitioners were members of respondent no. 3 society and had unpaid dues. Proceedings under section 101 of the Maharashtra Cooperative Societies A...

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Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Allows Petition to Set Aside Ex Parte Restoration Order Due to Misleading Adjournment — Defendants Denied Opportunity of Hearing. Court holds that restoration of suit without notice to defendants violates principles of natural justice and Order IX Rule 13 CPC.

The petitioner, Patel Engineering Limited, was the original defendant in Short Cause Suit No.2987 of 2002 filed by the respondent, United Real Estate ...