KAHC010224592017_1...
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High Court
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High Court
High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when lower courts have concurrently found that the suit property is not joint family property and that the plaintiffs failed to prove title....
The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) against the judgment and decree dated 30.11.2013 passed by t...
- 70
High Court
High Court of Karnataka Allows Appeal Against Trial Court Decree for Specific Performance Due to Lack of Valid Agreement and Procedural Defects. The court found that the plaintiff failed to prove the execution of a valid sale agreement and the trial court granted declaratory relief without framing a necessary issue....
The dispute arose from a suit for specific performance filed by the respondent-plaintiff against the appellant-defendants concerning an agreement to sell immovable property. The plaintiff alleged that...
- 78
High Court
Bombay High Court at Goa Dismisses Civil Revision Application in Property Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed a cause of action and was not barred by limitation, as the suit was for partition and separate possession based on joint family property....
The judgment arises from a Civil Revision Application filed by the applicants (defendants in the original suit) against the order of the Civil Judge, Senior Division, Pernem, Goa, dated 30/04/2019, wh...
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High Court
Bombay High Court Allows Writ Petition Challenging Refusal of Approval for Teacher Appointment — State Education Department Cannot Revisit Issues Already Decided in Previous Round of Litigation. The Court held that the State's refusal on identical grounds after a court-ordered deadline was contemptuous and directed deemed approval with consequential benefits....
The case involves a second round of litigation between the Petitioners (an employee, the managing trust, and the school) and the Respondents (the State of Maharashtra and its education officers). The ...
- 320
High Court
Bombay High Court Upholds Life Sentence for Murder Conviction in Land Dispute Stabbing Case. Eye witness testimony and medical evidence sufficient to prove guilt under Section 302 IPC....
The appellant, Subhash Hiraman Bedwal, was convicted by the Sessions Judge, Aurangabad in Sessions Case No.77 of 2015 for the murder of Sultan Gani Pathan under Section 302 IPC and sentenced to life i...
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High Court
High Court of Karnataka Allows Writ Petition Challenging Mutation Entry in Land Records — Dispute Over Agricultural Land Inheritance and Partition Among Muslim Heirs. Mutation Entry Does Not Confer Title; Petitioners Entitled to Joint Possession as Co-Sharers Under Muslim Personal Law....
The petitioners, legal representatives of Syed Mohiuddin Ali @ Modin Ali, filed a writ petition challenging the mutation entry made in the revenue records in favor of respondents 1 to 3. The dispute p...
- 459
High Court
High Court of Karnataka Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Proof of Intent. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt....
The appellant, Bhaskar Rao, was convicted by the IV Additional District and Sessions Judge, Madhugiri, for the murder of his wife Bhagyamma under Section 302 IPC and sentenced to life imprisonment. Th...
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High Court
Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 18,91,600 with 7.5% Interest Affirmed Under Motor Vehicles Act, 1988 for Death of Motorcyclist....
The case arises from a motor accident claim filed by the widow and son of Kashinath Zanje, who died in a road accident on 21 February 2015. The deceased was riding a motorcycle on Mumbai-Goa Highway w...
- 182
High Court
Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC....
The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Chandrapur in Regular Civil Appeal No.105 of 2016. Th...
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