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High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

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High Court of Bombay at Goa Allows Appeal Against Dismissal of Condonation of Delay Application in Ex-Parte Decree Setting Aside Case. Administrator's Failure to Inform Appellant Constitutes Sufficient Cause for Delay Under Section 5 of Limitation Act, 1963.

The appellant, Communidade of Malcornem, filed an Appeal from Order No. 19 of 2014 in the High Court of Bombay at Goa, challenging an order passed by ...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Debt Recovery Suit — Defendant's Evasive Denial and Limitation Plea Rejected Based on Confirmation of Accounts and Part Payments.

The plaintiff, Ajay Aggarwal, carrying on business as M/s. Royal Elastics, filed a summary suit against the defendant, Mohit Aneja, proprietor of M/s....

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Bombay High Court Dismisses Revision Against Condonation of 764 Days Delay in Filing Appeal Against Ex-Parte Decree. Defendant's Lack of Knowledge of Suit Proceedings Held Sufficient Cause Under Section 5 of Limitation Act, 1963.

The case arises from a civil revision application filed by the defendant (Nasirkhan Shamsher Khan) challenging the order of the lower appellate court ...