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High Court of Karnataka Dismisses State Appeal Against Acquittal in Rape and Murder Case Due to Lack of Evidence and Procedural Lapses. Trial Court's Acquittal of Accused Under Sections 302, 376(2)(I)(N) IPC and Sections 4, 6 of POCSO Act Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Karnataka appealed against the acquittal of the respondent-accused, Ramesh Laxmana Katti, by the III Additional District and Sessions Judge and Special Judge, Belagavi, in S.C. No. 113/20...

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High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits....

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final decree petition (FDP) before the Principal Senior ...

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Plaintiff’s Suit for Property Possession Upheld. Court Rules in Favor of Plaintiff’s Ownership Claim Despite Defendants’ Incomplete Sale Agreement Defense...

This appeal was filed against the judgment and decree of the 2nd Ad-hoc Additional District Judge, Wardha, which overturned the decision of the Civil Judge, Junior Division, Hinganghat, in a case conc...

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Bombay High Court Allows Writ Petition Challenging Re-assessment of Ex-Bond Bills of Entry Based on Enhanced Tariff Value — Notification Effective Only from Time of E-Gazette Publication. Rate of duty determined at time of presentation under Section 15 of Customs Act, 1962; self-assessment completed before enhanced tariff value notification cannot be re-assessed....

The petitioner, an importer, entered into four contracts with Just Oil & Grain Pte. Ltd., Singapore, for import of Crude Palm Oil. The goods arrived at Nhava Sheva on 10th May 2021. The petitioner fil...

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Bombay High Court Dismisses Petition Seeking Input Tax Credit on Breakwater Construction Under CGST Act. Breakwater Held to Be Immovable Property and Not 'Plant or Machinery' Under Section 17(5)(d) of CGST Act, 2017....

The petitioner, Konkan LNG Private Limited, a subsidiary of GAIL (India) Ltd., is engaged in the regassification of LNG at its plant in Dabhol. To enable all-weather berthing of LNG carriers, the peti...

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Bombay High Court Dismisses Writ Petitions Challenging Central Administrative Tribunal Order in Apprentice Absorption Dispute — Seniority Computation Based on Date of Absorption Upheld....

The judgment concerns two writ petitions filed by employees of the Naval Dockyard, Mumbai, challenging an order of the Central Administrative Tribunal dated 26th April 2013. The Tribunal had dismissed...

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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Repeated Allegations and Prior Acquittal — Misuse of Section 498-A IPC Found. The court held that a second FIR with similar allegations after a prior acquittal based on the complainant's own testimony does not constitute an offence and is an abuse of process....

The Bombay High Court quashed criminal proceedings in R.C.C.No. 2018 of 2013 pending before the Judicial Magistrate First Class, Pimpri, Pune, arising out of C.R.No. 396 of 2012. The applicants, inclu...

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High Court of Karnataka Dismisses Appeal in Co-operative Election Dispute — Upholds Single Judge Order Rejecting Challenge to Election Notification. Court holds that challenge to election process after issuance of notification is not maintainable under Article 226 of Constitution of India....

The case involves a writ appeal filed by three appellants, who were the President and Directors of the Tumkur Co-operative Milk Producers Societies Union Ltd., against an order of a learned Single Jud...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC....

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in respect of a flat. The original defendant, Savitri D...