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Supreme Court Quashes Conviction in Prevention of Corruption Act Case Due to Procedural Irregularities. Appellate Court's Decision Without Trial Court Records Violates Section 385 CrPC and Article 21 of Constitution, Requiring Fresh Consideration.

The Supreme Court considered an appeal arising from a corruption conviction under the Prevention of Corruption Act, 1988. The appellant had been convi...

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High Court Rules on Reference Scope in Silver Confiscation Case Under Customs Act. Reference Question Limited to Silver Confiscated Under Section 120(2), Not Entire Seized Quantity.

The matter arose from a reference made by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) to the High Court of Bombay under Section ...

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High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

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Supreme Court Remands Second Appeal to High Court for Reconsideration Due to Improper Disposal - High Court's Summary Endorsement of First Appellate Court's Findings Without Examining Substantial Questions of Law Under Section 100 CPC Set Aside.

The dispute originated from a suit for recovery of possession and damages filed by the plaintiff against the defendant regarding a property transactio...

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Bombay High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court Failed to Frame Points for Determination and Provide Adequate Reasoning, Remanding Matter for Fresh Disposal.

The respondent filed Regular Civil Suit No. 19/2000 seeking mandatory injunction directing the appellants to demolish a portion of a compound wall con...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by Lower Appellate Court. Failure to Frame Points for Determination Under Order 41 Rule 31 CPC Warrants Remand for Fresh Disposal.

The present second appeal arises from a suit for declaration and injunction filed by the original plaintiff (respondent herein) against the original d...

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Bombay High Court Admit Second Appeals Challenging First Appellate Court's Reversal of Money Decree. Substantial Questions of Law Framed on Whether First Appellate Court Properly Considered Trial Court Findings and Whether Its Findings Were Perverse.

The appellants filed a summary suit for recovery of Rs. 74,37,500 against the respondent based on a memorandum of understanding executed on 01.01.2011...