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Supreme Court Allows Appeal in Section 80 CPC Notice Validity Dispute, Reversing High Court's Finding of Invalidity. Proprietor Who Sent Notice Under Trade Name and Filed Suit Personally Held Compliant as Notice Read as Whole Revealed Proprietor's Identity and Object of Section Fulfilled.

The appeal arose from a suit for compensation for lost goods filed by a sole proprietor against the railways. The appellant, carrying on business unde...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...