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Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case....

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing their application for temporary injunction under ...

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Bombay High Court Dismisses State's Delay Condonation Application in Land Acquisition Appeal Due to Lack of Sufficient Cause. Delay of 1590 days in filing appeal against enhanced compensation not condoned as state failed to explain each day's delay under Section 5 of Limitation Act, 1963....

The case involves Civil Applications filed by the State of Maharashtra and its officers (applicants) seeking condonation of a 1590-day delay in instituting appeals against a Judgment and Award dated 4...

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Bombay High Court Dismisses State's Delay Condonation Applications in Land Acquisition Appeals Due to Unexplained Delay of Over 5 Years. The court held that the State cannot claim benefit of Section 5 of the Limitation Act, 1963 without sufficient cause, and the delay of 5 years and 5 months was not satisfactorily explained....

The State of Maharashtra, through the Collector and Executive Engineer, filed multiple Civil Applications under Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing appeals ag...

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High Court of Karnataka Allows Cross-Objection and Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence of Deceased. Compensation Enhanced from Rs.1,80,000/- to Rs.3,34,000/- with 6% Interest....

The case arises from a motor accident claim petition filed by the parents of a deceased 20-year-old man who died in a road accident on 23-07-2007. The claimants sought compensation of Rs.5,00,000/-. T...

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High Court of Karnataka Enhances Compensation for Minor Injured in Motor Vehicle Accident — Permanent Disability Assessed at 30%. The Court held that the Tribunal's assessment of disability at 15% was erroneous and enhanced compensation for loss of future income, pain and suffering, and other heads under Section 173(1) of the Motor Vehicles Act, 1988....

The appellant, a minor represented by his father, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 26.02.2010 passed by the Vth Additional MAC...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaint Rejection Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that only plaint averments are relevant for rejection and limitation is a mixed question of fact....

The appellant, as plaintiff, filed a suit for specific performance of an agreement of sale dated 26.11.1984 executed by A. Gundappa in respect of four sites. The defendants filed an application under ...

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High Court of Karnataka Quashes Special Audit Orders Against KIADB Under Section 142(2A) of Income Tax Act, 1961 — Orders Passed Without Application of Mind and Without Recording Satisfaction as Required by Law....

The petitioner, Karnataka Industrial Area Development Board (KIADB), a statutory board constituted under the Karnataka Industrial Area Development Act, 1966, challenged two orders passed by the Income...

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Bombay High Court Acquits Accused in 498A IPC Case Due to Unreliable Dying Declarations. Conviction Under Section 498A IPC Set Aside as Dying Declaration Not Corroborated and Mother's Testimony Contradicted....

The appeal arose against the judgment of the Additional Sessions Judge, Pusad, in Sessions Case 12 of 1999, convicting the accused under Section 498A IPC and sentencing him to one year rigorous impris...

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Bombay High Court Upholds Acquittal for Murder but Confirms Conviction for Dowry Death and Cruelty in a Case of Married Woman's Suicide. The court held that the prosecution failed to prove homicidal death beyond reasonable doubt, but the evidence of demand of motorcycle and harassment soon before death established the offence under Section 304B IPC....

The case involves two cross-appeals arising from the same incident. Criminal Appeal No.552 of 2007 was filed by the State of Maharashtra against the acquittal of the respondents (accused) for the offe...