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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Supreme Court Allows Insurance Claim in Fire Damage Case — Surveyor Reports Cannot Be Ignored Without Valid Reasons. Appointment of Multiple Surveyors Without Justification Leads to Adoption of First Surveyor's Report Under Section 64UM of Insurance Act, 1938.

The case involves a dispute between M/s New India Assurance Co. Ltd. (Insurance Company) and M/s Luxra Enterprises Pvt. Ltd. (Complainant), an industr...

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Supreme Court Partly Allows GMADA's Appeal in Consumer Case; Sets Aside Additional Loan Interest Award. Refund of Flat Purchase Amount with 8% Compound Interest Upheld as per Letter of Intent, but Directing Developer to Pay Interest on Home Loan Not Justified.

The dispute arose from a residential scheme launched by Greater Mohali Area Development Authority (GMADA) for 'Purab Premium Apartments' in Sector 88,...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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High Court of Karnataka Dismisses State's Petition Challenging KSAT Order Quashing Recovery of Pay Fixation Benefits from Commercial Tax Officers. Recovery of excess pay without fault of employee held impermissible under Karnataka Civil Services Rules.

The State of Karnataka and the Commissioner of Commercial Taxes filed a writ petition challenging an order of the Karnataka State Administrative Tribu...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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High Court of Karnataka Hears Appeals Filed by Legal Heirs of Defendant Against Decree in Partition Suit. Appeals Arise from Common Judgment Partly Decreeing Suit for Partition and Separate Possession of Ancestral Properties.

The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, B...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...