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Bombay High Court Dismisses State's Petition Challenging Tribunal's Order Setting Aside Suspension of Senior Officer. Suspension order quashed due to non-application of mind and lack of material, considering officer's imminent retirement....

The State of Maharashtra challenged an order of the Maharashtra Administrative Tribunal dated 13 December 2014, which allowed the Original Application filed by Dr. Subhash Dhondiram Mane, an Additiona...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Civil Suit — Petitioner Granted Leave to Amend Pleadings Based on Court Commissioner's Report. Amendment Sought to Incorporate Encroachment Findings from T.I.L.R. Report Under Order VI Rule 17 CPC....

The petitioner, Girish Bhor, was the original defendant in Regular Civil Suit No. 176 of 2008 filed by the respondent, Ambadas Perne, in the Court of Civil Judge, Junior Division, Rahuri. The suit per...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property....

The appellants, who were the plaintiffs in the original suit, filed a suit for declaration of title and permanent injunction in respect of suit property before the II Munsiff & JMFC, Mysore (O.S. No.2...

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High Court of Karnataka Hears Appeal Against Conviction Under Prevention of Corruption Act for Alleged Bribery. Accused Program Executive Convicted Under Sections 7 and 13(2) r/w 13(1)(d) for Demanding and Accepting Bribe of Rs.20,000....

The appeal before the High Court of Karnataka arose from the conviction of the appellant, a former Program Executive at Doordarshan Kendra, Bangalore, under Sections 7 and 13(2) read with Section 13(1...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882....

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the defendants' property bearing survey no.360/18 of Ca...

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Bombay High Court Allows Accused's Application for Handwriting Expert Opinion in NI Act Case - Rejection of Application for Expert Examination Set Aside. The court held that the accused has a right to adduce defence evidence and the expert opinion is necessary to determine the genuineness of disputed documents under Section 138 of the Negotiable Instruments Act, 1881....

The petitioner, Balasaheb Barku Kolhe, is the accused in Sessions Case No.875 of 2010 pending before the Judicial Magistrate, First Class, Nashik, for an offence punishable under Section 138 of the Ne...

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High Court of Karnataka Allows Insurance Company's Appeal in Workmen's Compensation Case — Loss of Earning Capacity Cannot Be Assessed at 100% Without Medical Evidence. Commissioner's Award Set Aside for Disregarding Medical Assessment and Schedule Prescribing Loss of Earning Capacity Under Workmen's Compensation Act, 1923....

The appellant, National Insurance Company Limited, filed a Miscellaneous First Appeal under Section 30(1) of the Workmen's Compensation Act, 1923, challenging the judgment and order dated 12.01.2011 p...

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Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared....

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession of a property claimed to be joint family property. ...

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High Court of Karnataka Allows Mutual Divorce Petition Under Section 13B of Hindu Marriage Act, 1955 Despite Parties Living Under Same Roof. Living Under Same Roof Does Not Bar Mutual Divorce if Parties Have No Marital Relationship for Over a Year....

The appellants, a Hindu couple married on 27.11.2005 under Arya Samaj rites, filed a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on 11.4.2014 before the Fa...

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Bombay High Court Dismisses Appeal as Not Maintainable in Arbitration Reference Case. Full Bench holds that an order under Section 8 of the Arbitration and Conciliation Act, 1996 referring parties to arbitration is not appealable under Clause 15 of the Letters Patent, as the Arbitration Act is a self-contained code....

The Full Bench of the Bombay High Court was constituted to decide a reference on the maintainability of an appeal under Clause 15 of the Letters Patent against an order passed by a Single Judge under ...