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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, leading to dismissal of the suit....

The appellants (defendants) challenged the judgment and decree dated 30.01.2015 passed by the Senior Civil Judge, Nelamangala, in O.S. No. 82/2010, which decreed the suit for specific performance of c...

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High Court of Karnataka Considers Writ Petition Against Land Tribunal’s Grant of Occupancy Rights. Dispute Involves Validity of Tenancy Surrender and Continuation of Possession Under Sections 44 and 7 of Karnataka Land Reforms Act, 1961....

The writ petition under Articles 226 and 227 of the Constitution of India challenged the order of the Land Tribunal, Hirekerur, dated 17.07.2002, which granted occupancy rights in respect of land bear...

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High Court of Karnataka Dismisses Insurance Company's Petition Challenging Gratuity Payment to Retired Employee. Employer's Recovery Orders from Terminal Benefits Do Not Extinguish Statutory Gratuity Entitlement Under Payment of Gratuity Act, 1972....

The New India Assurance Company Limited filed writ petitions challenging an order dated 30.03.2009 passed by the appellate authority under the Payment of Gratuity Act, 1972, which directed the company...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Declaration Suit — Adoption Deed Not Proved and Suit Barred by Limitation. Plaintiff failed to establish adoption and possession within limitation period under Article 65 of Limitation Act, 1963....

The appellant, Ramning Ganesh Goankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 18.11.2013 passed by the Senior Civil...

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High Court of Karnataka Dismisses Revision Petition Against Family Court Order Setting Aside Exparte Divorce Decree. Order IX Rule 13 CPC Held Applicable to Family Courts Despite Section 19 of Family Courts Act....

The petitioner-husband, Eknath, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order dated 12/03/2015 passed by the Family Court, Belagavi,...

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Bombay High Court Upholds Conviction for Culpable Homicide in Drunk Driving Case, Sets Aside Confiscation of Vehicle. The court confirmed the seven-year sentence under Section 304 Part II IPC for causing death by rash and negligent driving while intoxicated, but held that the trial court lacked jurisdiction to confiscate the vehicle belonging to a third party....

The judgment pertains to two criminal appeals arising from a common judgment of the Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.257/2012 dated 09.10.2012. The first appeal (Criminal ...

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Bombay High Court Upholds Conviction of Driver for Culpable Homicide in Drunk Driving Case — Confiscation of Vehicle Set Aside. The court held that the driver's rash and negligent driving while intoxicated causing death falls under Section 304-II IPC, but the owner's vehicle cannot be confiscated without notice under Section 452 CrPC....

The judgment pertains to two appeals arising from a common judgment of the Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.257/2012 dated 09.10.2012. The first appeal (Criminal Appeal No...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract....

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, District Yavatmal. The appellant/plaintiff, Purushottam...

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Bombay High Court Hears SEBI's Application to Recall Sanction of Composite Scheme in Fertilizers Merger Case. Securities Regulator Alleges Material Non-Disclosure and Accounting Violations in Scheme Involving Listed and Unlisted Companies Under Companies Act, 1956....

The Securities and Exchange Board of India (SEBI) filed applications on 21.02.2013 seeking recall of orders of the Bombay High Court dated 17.06.2011 and 22.07.2011 that sanctioned a composite scheme ...