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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Allows Transfer of Section 34 Applications Under Arbitration Act from District Court to High Court for Consolidated Hearing. Transfer Ordered Under Section 24 CPC to Avoid Multiplicity of Proceedings and Conflicting Decisions in Arbitration Matters.

The applicant, Atlanta Limited, a public limited company, filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfe...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

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Supreme Court Upholds High Court's Power to Transfer District Judges from Administrative Posts to Judicial Duties. Order Under Article 235 of Constitution Held Valid After Ranga Mohammad's Case, Allowing Recall of Judicial Officers to Regular Line.

The dispute arose from the High Court of Orissa's order recalling three judicial officers from administrative posts to regular judicial duties. The Or...

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High Court of Karnataka Quashes Criminal Proceedings in Mining Offences Under MMDR Act and IPC. Prosecution Under MMDR Act Requires Complaint by Authorized Officer; Police FIR Without Authority is Illegal.

The High Court of Karnataka at Dharwad dealt with a batch of criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 seekin...

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Karnataka High Court Quashes Multiple Criminal Proceedings for Offences Under MMRD Act and IPC; Non-Cognizable Offences Cannot Be Investigated Without Written Complaint by Authorized Officer.

The High Court of Karnataka, Dharwad Bench, adjudicated a batch of twelve criminal petitions filed under Section 482 of the Code of Criminal Procedure...