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Supreme Court Allows Tenants' Appeal in Rent Control Case — Striking Out Defence Not Automatic Under Section 15(7) of Delhi Rent Control Act, 1958. Discretionary Power Must Be Exercised Judiciously; Mere Non-Compliance Does Not Justify Striking Out Defence.

The case involves an appeal by tenants against the High Court of Delhi's order upholding the Rent Controller's decision to strike out their defence in...

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Court Restores Original Decision, Declares Contempt Petition Time-Barred. High Court Review Overstepped Jurisdiction; Importance of Adhering to Limitation Periods in Contempt Proceedings Emphasized

The  judgment addresses a contempt petition regarding the failure of a Tahsildar to effect a mutation ordered by a Single Judge. The Division Bench (...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Status Quo Order in Cooperative Housing Society Dispute. Court holds that contempt petition was premature and without proper notice of order to alleged contemnors, imposing costs for abuse of process.

The petitioner, Pawan Kumar Sharma, filed a contempt petition alleging willful disobedience of an interim order dated 18.12.2015 passed by the Bombay ...

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Bombay High Court Allows Writ Petition Against Dismissal of Suit for Non-Compliance with Discovery Orders. Order XI Rule 21 CPC Dismissal Set Aside as Trial Court Failed to Record Satisfaction of Willful Disobedience.

The petitioner, United Church of Northern India Trust Association, filed a suit for ejectment against the respondents who were in occupation of its pr...

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Bombay High Court Allows Appeal in Company Petition — Interim Relief Granted to Restrain Alienation of Property. Balance of convenience favored grant of ad-interim relief to protect subject matter of petition under Sections 397, 398 of Companies Act, 1956.

The present appeal arises from a Company Petition No. 149 of 2012 filed under Sections 397 and 398 of the Companies Act, 1956, alleging oppression and...

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Supreme Court Sentences Contemnor for Contempt in Child Custody Case — Failure to Return Child to India Despite Undertaking and Court Orders. Contemnor's Lack of Remorse and Scant Respect for Court Orders Leads to Three Months' Simple Imprisonment and Fine.

The Supreme Court of India was dealing with contempt petitions arising from the contemnor's failure to comply with orders to bring back a minor child ...