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High Court of Karnataka Hears Regular First Appeals Under Section 96 CPC Against Common Judgment; Trial Court Partly Decreed Suit for Permanent Injunction and Dismissed Suit for Declaration and Possession. Title Dispute Arises from Conflicting Chain of Transfers Involving Original Owner Muniyappa, GPA Holder, and Subsequent Buyers....

These two Regular First Appeals arose from a common judgment of the VIII Additional City Civil and Sessions Judge, Bengaluru, dated 21-06-2014. The dispute centered on a property at Chunchaghatta vill...

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High Court of Karnataka Quashes Local Surety Condition in Bail Order for Accused Under Section 398 IPC — Condition of Furnishing One Surety from Bidar Held Unreasonable and Oppressive. The court held that imposing a condition requiring a surety from a specific district, when the accused has no local connections, is arbitrary and defeats the purpose of bail....

The petitioner, Navid, was accused No.3 in Crime No.103/2019 registered at Aurad Police Station for an offence punishable under Section 398 of the Indian Penal Code. He was arrested on 31.08.2019 alon...

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Bombay High Court Dismisses Second Appeal by Widow and Children, Upholding Mother's Share in Son's Provident Fund and Insurance Amounts. Mother of deceased employee held entitled to share as Class I heir under Section 8 of Hindu Succession Act, 1956, in provident fund, gratuity, and insurance proceeds....

The case involves a dispute over the distribution of provident fund, gratuity, and insurance amounts payable upon the death of Ramesh, who died on 09/08/2005 while working as a Junior Loading Clerk wi...

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High Court of Bombay at Goa Allows Writ Petition on Interest on Refund Under Goa VAT Act — Interest Payable from Date of Assessment Order Determining Refund. Section 33(2) of the Goa Value Added Tax Act, 2005 mandates interest from the date the amount became refundable, which is the date of the assessment order, not the date of actual refund....

The petitioner, United Spirits Ltd. (formerly McDowell and Co. Ltd.), a registered dealer under the Goa Value Added Tax Act, 2005, filed returns for the year 2007-2008 within the prescribed period. Th...

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Bombay High Court Quashes IDBI Bank's Wilful Defaulter Declaration Against Non-Executive Director. The Court Holds that Failure to Provide Copies of Documents and Fair Hearing Violates Principles of Natural Justice and RBI Guidelines....

Background: The writ petition was filed by a non-executive director of Ruchi Soya Industries Limited, a public listed company, challenging his declaration as a wilful defaulter by IDBI Bank. The petit...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe....

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demolition order passed by the Municipal Corporation o...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation Award. Settlement induced by fear of delayed justice is not voluntary and cannot be accepted....

The case arises from a motor accident claim where the deceased, Atish Ramesh Kamble, a 25-year-old bachelor employed as a lecturer earning Rs.24,800 per month, died in a collision between his motorcyc...

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Bombay High Court Allows Accused to Summon Defence Witness in Rape and Cruelty Case — Rejection of Summons Application Set Aside as Premature. The court held that the accused has a right to lead defence evidence under Section 233 CrPC and the trial court must consider such applications on merits....

The petitioners, who are accused in Sessions Case No.182 of 2013 pending before the learned Additional Sessions Judge, Sangli, challenged an order dated 16th August 2019 rejecting their application at...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Evidence of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Tukaram Parshuram Mane, was convicted by the Special Judge, Gadhinglaj for offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and acce...