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Bombay High Court Quashes Prior Approval for Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Failure to Consider Less Restrictive Measures. The Court held that the detaining authority must consider the possibility of taking less drastic action before ordering preventive detention, and failure to do so vitiates the detention order....

The petitioner, Ajgar Akhtar Khan, filed a writ petition under Article 226 of the Constitution of India challenging the grant of prior approval/order dated 20th December 2023 by the Commissioner of Po...

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Bombay High Court Quashes Charity Commissioner's Order Allowing Intervention in Trust's Section 36 Application. Right to be Heard Under Maharashtra Public Trust Act, 1951 Limited to Persons with Direct Interest in Trust Property....

The petitioner, Shree Khambhati Modh Vanik Samaj, is a public charitable trust registered under the Maharashtra Public Trust Act, 1950. It owns a property called 'Samaj Darshan' in Kandivali (W), Mumb...

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Bombay High Court Rules on Civil Court and Wakf Tribunal Jurisdiction over Wakf Property Disputes. Court Considers Maintainability of Civil Suit Without Declaration of Title and Effect of Pending Civil Proceedings on Tribunal's Jurisdiction Under Section 7(5) of Wakf Act, 1995....

The dispute involved an open plot in village Hisamabad (Ujed) between the Hindu community represented by Arya Samaj and the Muslim community represented by Marathwada Wakf Board. The plot was claimed ...

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High Court of Karnataka Grants Bail to Accused No.3 in Rape and Abetment of Suicide Case — Second Successive Bail Petition Allowed Due to Change in Circumstances and Completion of Investigation. The court held that the completion of investigation and filing of charge sheet constituted a change in circumstances warranting bail under Section 439 Cr.P.C....

The petitioner, Rajanna, accused No.3, filed a second successive bail petition under Section 439 Cr.P.C. seeking bail in Crime No.12/2020 of Yadgiri Women P.S., which culminated in C.C. No.42/2020 for...

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High Court of Karnataka Upholds Defendants' Ownership in Property Dispute — Plaintiffs' Claims of Exclusive Ownership Rejected....

The dispute arose from a property ownership claim involving CTS No. 3927/1 in Belagavi. The plaintiffs, descendants of Kasimsab Peersab Nadaf, filed a suit against the defendants, who were alleged to ...

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High Court of Karnataka Dharwad Bench Upholds Death Sentence in Double Murder Case, Confirms Conviction Under Sections 302, 307, 506 r/w 34 IPC. Court considers sustained provocation and eyewitness credibility in illicit relationship killing....

The matter arose from an incident on 22.10.2013, where the husband of deceased Sangeeta, along with his brother and cousin, killed Sangeeta and Basavaraj, allegedly due to their illicit relationship. ...

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Karnataka High Court Adjudicates upon Writ Petitions Challenging Re-Assessment Proceedings for Assessment Years 2005-06 to 2007-08. Court Analyzes Whether Notices are Barred by Limitation and Whether Assessee Failed to Disclose Material Facts....

The petitioner, EIT Services India Pvt. Ltd. (formerly Hewlett Packard Globalsoft Private Limited), a company engaged in export of software services and claiming deduction under Section 10A of the Inc...

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High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance....

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable property under the Security Interest (Enforcement) Rul...

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High Court of Karnataka Hears State Appeal Against Acquittal in Kidnapping and Rape of Minor Under POCSO Act. Appeal Filed Under Section 378 Cr.P.C. Alleges Erroneous Acquittal for Offences Under Sections 366, 376 IPC and Sections 4, 6 POCSO Act....

The State filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, before the High Court of Karnataka challenging the acquittal of the accused by the trial court for offen...