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Madras High Court Dismisses Plaintiff's Revision Against Dismissal of Reply Statement Application in Specific Performance Suit Due to Delay and Absence of New Facts. Court Upholds Trial Court Order Finding That Written Statement Did Not Raise Any New Question of Fact and Application Was Belated.

The petitioner filed a suit for specific performance and permanent injunction based on an agreement of sale dated 15.01.2005, claiming that the entire...

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Bombay High Court Dismisses Appeal Against Demolition of Unauthorized Structure Under Section 351 of Mumbai Municipal Corporation Act, 1888. Affidavit-in-Reply to Notice of Motion Cannot Be Treated as Written Statement.

The appellant, M/s. B. Jayantilal, a partnership firm, filed a suit challenging a notice issued by the Municipal Corporation of Greater Bombay under S...

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Bombay High Court Allows Defendant to File Written Statement Despite Delay, Setting Aside Trial Court's Rejection. Order 8 Rule 1 CPC is directory; jurisdictional challenge under Section 9-A does not bar subsequent filing of written statement; trial court's rejection without considering merits set aside.

The petitioner, Pramod Baliram Wavge, was the defendant in Regular Civil Suit No.17/2004 before the Civil Judge Junior Division, Patur. He appeared on...

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Karnataka High Court Allows Plaintiff to File Rejoinder to Amended Written Statement Under Order 8 Rule 9 CPC — Trial Court's Rejection of Amendment Application Set Aside. Plaintiff Entitled to File Additional Pleading When Written Statement is Amended, Though Not Specifically Defined in CPC.

The petitioners, plaintiffs in O.S. No.39/2013 before the Senior Civil Judge Court at Challakere, filed writ petitions under Articles 226 and 227 of t...

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Bombay High Court Dismisses Condonation of Delay in Filing Written Statement in Commercial IP Suit — Delay of 410 Days Not Sufficiently Explained. Policy Changes and Preoccupation of Legal Team Held Not to Constitute Sufficient Cause Under Order VIII Rule 1 CPC.

The case involves a commercial IP suit filed by Metro Shoes Ltd (Plaintiff) against Flipkart India Pvt. Ltd. and Tech-Connect Retail Pvt. Ltd. (Defend...

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Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation.

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was or...