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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree on Grounds of Cruelty and Desertion Under Hindu Marriage Act. Wife's Constant Taunting and Unjustified Departure from Matrimonial Home Constituted Mental Cruelty and Wilful Desertion Under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955....

The appellant-wife challenged the judgment and decree dated 4.9.2014 passed by the Principal Senior Civil Judge, Mandya, in M.C. No.26/2009, which dissolved her marriage with the respondent-husband on...

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High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal....

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 passed by the Principal Senior Civil Judge and CJM, D...

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Bombay High Court Dismisses Writ Petition Challenging CLB Order Refusing Reference to Arbitration. Availability of Alternative Remedy Under Section 10F of Companies Act, 1956 Precludes Exercise of Writ Jurisdiction Under Article 226 of Constitution....

The petitioners, Emgee Housing Private Limited and others, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, challenging an order dated 09.08...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Verification of In-Camera Statements. The court held that the detaining authority must consider bail conditions and verify in-camera statements under Section 3(4) of the MPDA Act, 1981....

The petitioner, Lalya @ Kishor Arun Waghmare, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, ...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act — Upholds Broker's Right to Square Off Client Positions Without T+1 Notice Under Member Client Agreement. The court held that the arbitral award was not perverse or contrary to public policy as the broker acted in accordance with the contract terms....

The appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996, by Bonanza Commodities Brokers Pvt. Ltd. (the appellant/broker) against an order of a learned Single Judge dismissi...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction....

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his absolute title to a right of easement over a pathwa...

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Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapse in Bringing Legal Representatives on Record. The Appellate Court's rejection of substitution application without considering merits was held improper, and the matter was remanded for fresh consideration....

The appellants, original plaintiffs, filed a suit for cancellation of sale deed and permanent injunction, which was dismissed by the trial court. They appealed to the Appellate Court. During the pende...

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Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapses - Condonation of Delay Application Not Required for Setting Aside Abatement Under Order XXII Rule 9 CPC...

The appellants, original plaintiffs in a suit for cancellation of sale deed and permanent injunction, filed Regular Civil Appeal No.160 of 2010 against the dismissal of their suit. During the pendency...

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High Court of Bombay, Nagpur Bench, Examined Death Sentence Reference and Appeal Against Conviction Under Sections 302 and 201 of Indian Penal Code. Accused Husband Challenged Trial Court Finding of Guilt for Murder and Destruction of Evidence Based on Alleged Defects in Dying Declarations and Eyewitness Testimony....

The present matter involved a reference under Section 366 of the Code of Criminal Procedure, 1973, for confirmation of death sentence and a criminal appeal against conviction and sentence. The Additio...