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Judgements without assigned author

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High Court

High Court of Karnataka Quashes Lower Appellate Court's Order Allowing Amendment of Written Statement in Remanded Civil Appeal. Procedural Irregularity Found as Application Decided Independently Without Simultaneous Hearing with Main Appeal, Contravening Settled Principles Under Section 96 CPC....

The writ petition arose from a civil suit concerning property rights. The plaintiff filed a suit for partition and declaration, which was decreed by the trial court and affirmed by the first appellate...

High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Tribunal Lacked Territorial Jurisdiction as Claimant and Respondents Did Not Reside in Belagavi. Award passed by Tribunal without territorial jurisdiction is void ab initio and non-est, quashed under Section 173(1) of Motor Vehicles Act, 1988....

The appellant, Go Digit General Insurance Company Limited, filed a miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 18.02.2022 ...

High Court

High Court Dismisses Claimants' Appeal Against Exoneration of Insurer in Motor Accident Claim Due to Owner-Driver's Lack of License. Liability on Owner as Pay and Recover Principle Not Applied Where Offending Driver is Father of Claimants Under Motor Vehicles Act, 1988....

The appeal arose from the judgment and award of the Motor Accident Claims Tribunal in MVC No.3616/2020. The claimants, the children of the deceased Smt. Manjula, sought enhancement of compensation and...

High Court

High Court of Karnataka Dismisses Industrial Establishment's Writ Petition Against Strike Notice by Workers' Union. Union Not Considered 'State' or Discharging Public Duty, and Alternative Remedy Under Industrial Relations Code, 2020 Available....

Background: The writ petition was filed by Bosch Automotive Electronics India Pvt Ltd, a company incorporated under the Companies Act, 1956 and engaged in manufacturing automotive electronic component...

High Court

High Court of Karnataka Examines Trial Court's Order Allowing Amendment of Plaint in Suit for Recovery to Include Specific Performance. Petition Under Article 227 Questions Delay and Due Diligence Despite Liberal Approach to Amendments under Order VI Rule 17 CPC....

The writ petition was filed under Article 227 of the Constitution of India by the defendants in a suit, challenging the order of the Senior Civil Judge and JMFC, Sidlaghatta dated 25.11.2021, by which...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Imposing Bank Guarantee Condition in Summary Suit; Holds Unconditional Leave to Defend is Mandatory When Substantial Defence is Disclosed Under Order 37 Rule 3(5) of Code of Civil Procedure, 1908. Commercial Court's Condition Set Aside as Statute Dictates No Condition for Substantial Defence....

The matter arose from a writ petition under Article 227 of the Constitution of India filed by the defendant in a commercial summary suit, challenging an order dated 04.03.2026 passed by the LXXXIX Add...

High Court

High Court Quashes Criminal Proceedings Against Purchasers in Property Fraud Case Due to Civil Nature of Dispute. Registered Sale-Deed Prevails Over Unregistered Agreement, No Cheating Offence Under Section 420 IPC Made Out....

The matter arose from a property transaction involving land Survey No. 132/2 at Solapur. Respondent No.2 (first informant) and his brother were the owners. An Isar Pavati (Memorandum of Understanding)...

High Court

High Court of Judicature at Bombay Dismisses Applicants' Application to Quash FIR and Criminal Proceedings in Alleged Abetment of Suicide Case. Dying Declaration Exonerating Accused Does Not Preclude Trial When Contemporaneous Messages Suggest Pressure and Fabricated Identity by Applicant No. 3....

The High Court of Judicature at Bombay, Circuit Bench at Kolhapur, dismissed a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR and subsequ...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Injunction Suit – No Substantial Question of Law Under Section 100 CPC. Defendants’ Construction Restrained and Ordered Demolished as Plaintiff’s Possession and Title Acknowledged; Mundkar Rights Did Not Extend to New Structure; Injunction Without Declaration Maintainable....

The dispute concerned property surveyed No. 101/21 in Village Parra, Bardez, Goa, along with House No. 172/3. The original plaintiff, Mathew Francis Rodricks, claimed as a co-owner through succession ...

High Court

High Court of Bombay at Aurangabad Sets Aside Order of Railway Claims Tribunal and Allows Appeal, Holding Death Due to Untoward Incident Under Railways Act, 1989. Tribunal's Finding that Deceased Jumped from Train Reversed on Grounds that Railway Failed to Prove Self-Inflicted Injury Exception, and Evidence Did Not Support Voluntary Jumping....

The appeal arose from the dismissal of a claim for compensation under the Railways Act, 1989 by the Railway Claims Tribunal, Nagpur Bench. The appellants, being the widow and children of the deceased ...

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