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High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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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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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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High Court of Karnataka Quashes Family Court Order Striking Out Defence in Divorce Case — Violation of Natural Justice. Failure to Grant Opportunity to Cross-Examine Witnesses Before Striking Out Defence Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The petitioner, Dr. Deepak Kumar M.M., and the respondent, Dr. Poornima S., were married on 15 December 2010 in Bangalore. The respondent filed a divo...

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Bombay High Court Dismisses Writ Petition Challenging Order Rejecting Withdrawal of Suit Under Order 23 Rule 1 CPC. Court Holds That Withdrawal Without Leave Is Not Permissible When Written Statements Are Filed and Issues Are Framed.

The petitioners, who were the original plaintiffs in a civil suit, filed a writ petition challenging the order of the learned 5th Joint Civil Judge, S...

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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...