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High Court of Karnataka Allows Writ Appeals in Co-operative Society Election Dispute — Upholds Validity of Election of Managing Committee Members. Section 29-C of Karnataka Co-operative Societies Act, 1961 does not empower the Assistant Registrar to disqualify a director on grounds of non-attendance of meetings without a prior determination by the Managing Committee....

The case pertains to a dispute regarding the election of the Managing Committee of the fourth respondent, Hosuru Milk Producers Co-operative Society Ltd. The appellant, Sri K. Eregowda, contested the ...

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High Court of Karnataka Dismisses Challenge to Entry Tax on Unmanufactured Tobacco Under KTEG Act. Notification Inserting 'Unmanufactured Tobacco in Sealed Container' Upheld as Clarificatory Amendment Within 'Tobacco Products of All Description' and Not Requiring Presidential Sanction Under Article 304(b) as per Jindal Stainless Ltd....

The writ petitions challenged Notification-III No.FD 208 CSL 2013 dated 1.10.2013 issued by the Government of Karnataka, which amended the earlier Notification dated 30.3.2002 to insert sub-item (ii) ...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Refund of Earnest Money with Interest Upheld. Appellant failed to prove readiness and willingness to perform contract under Specific Relief Act, 1963....

The appellant, Y.V. Aparna, filed a suit for specific performance of a contract for sale of immovable property against the respondents. The trial court partly decreed the suit, granting only refund of...

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High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder....

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed by the Senior Civil Judge and JMFC at Indi in Ex.Pe...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement in Commercial Suit. Pendency of Application Under Section 8 of Arbitration and Conciliation Act, 1996 Constitutes Sufficient Cause for Delay Beyond 120 Days Under Section 16 of Commercial Courts Act, 2015....

The petitioners, M/s S.S. Nikade and Company (JV), a registered firm, filed a commercial suit on 02.02.2017 before the Commercial Court, Yavatmal, claiming damages and recovery of amounts for works do...

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Bombay High Court Allows Second Appeal in Property Dispute — Reverses Appellate Court's Perverse Findings. The Court held that the Appellate Court failed to consider the registered sale deed and revenue entries, leading to a perverse finding that warranted interference under Section 100 CPC....

The original plaintiff, Parmanand Gopalrao Kesari (since deceased, represented by legal representatives), filed a suit for declaration of ownership and permanent injunction in respect of a property si...

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Bombay High Court Allows Quashing of POCSO and IPC Proceedings on Compromise Between Accused and Complainant Who Later Married. Marriage Between Accused and Complainant Leads to Quashing of FIR Under Section 482 CrPC as Continuation Would Be Abuse of Process....

The applicants, Taj @ Arjun S/o. Ajay Mishra (accused) and Ragini Ashok Amarnani (complainant), jointly filed a criminal application under Section 482 of the Criminal Procedure Code, 1973 read with Ar...

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Bombay High Court Allows Appeal in Cheque Dishonour Case: Filing of Complaint Before Expiry of 15-Day Notice Period Is Not Fatal If Cognizance Is Taken After the Period. The Court held that the date of taking cognizance, not the date of filing, determines compliance with Section 138 of the Negotiable Instruments Act, 1881....

The appellant, Rambhau Tulsiram Bhusari, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Assanand Dhanumal Vensiani, alleging dishonour of ...

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High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997....

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the respondents in a complaint under Section 138 of th...

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Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963....

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, PH No.73, mouza Zari, District Nagpur, admeasuring ...