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High Court of Karnataka Dismisses Petitioners' Challenge to Trial Court Orders in Suit for Possession. Court upholds refusal to reject plaint under Order VII Rule 11 CPC and appointment of commissioner under Order XXVI Rule 9 CPC to identify suit property....

The petitioners, S. Ramaiah, S. Siddappa, and S. Nanjappa, claimed to be owners of agricultural lands measuring 7 acres and 10 guntas in Nagarbhavi village. They executed three agreements of sale in 1...

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC....

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of Mysore. The bank filed a suit for recovery of Rs. 5,...

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Bombay High Court Quashes PF Order Against Hindustan Lever in Part-Time Doctor Coverage Dispute. Medical Practitioner Not 'Employee' Under Section 7-A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as No Employer-Employee Relationship Existed....

The petitioner, M/s. Hindustan Lever Limited, challenged an order dated 17th October 2003 passed by the Assistant Provident Fund Commissioner under Section 7-A of the Employees' Provident Funds and Mi...

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Bombay High Court Allows Second Appeal in Property Dispute Over Erroneous Survey Entry — Declares Appellant Owner of Suit Property Based on Title Documents and Adverse Possession. Court holds that survey entries do not confer title and that the appellant had established possession and ownership over the disputed land....

The appellant, Cabido da Se Primacial de Goa, filed a suit for declaration and permanent injunction claiming ownership of a property known as 'Vagorna' in Amona village, Quepem taluka. The property co...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Application of Mind and Non-Supply of Relevant Material. Detenu's Dismissal from CISF for Alleged Smuggling Involvement Not Considered, Rendering Detention Order Invalid....

The petitioner, Ram Avatar Meena, father-in-law of the detenu Muralilal Meena, challenged a preventive detention order dated 22 August 2013 passed by the second respondent under Section 3(1) of the Co...

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Bombay High Court Allows Writ Petition Seeking Implementation of Reservation in Promotion for Persons with Disabilities in Airports Authority of India. DoPT OM dated 11.09.2008 held binding on all government establishments, directing promotion of disabled employee with consequential benefits....

The petitioner, Mrs. S. Mangala, a Deputy General Manager (Aviation Safety) at Airports Authority of India (AAI), filed a writ petition seeking implementation of paragraphs (b) and (c) of the Office M...

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High Court of Karnataka Allows Appeal in Part in Recovery Suit — Interest on Principal Amount Granted from Date of Suit Till Realization. The Court held that the first appellate court erred in waiving interest entirely, and the plaintiff is entitled to interest at 6% per annum from the date of suit till payment....

The appellant-plaintiff filed a suit in O.S.No.143/2000 for recovery of Rs.77,658.75 with interest at 18% per annum and costs, arising from a tobacco transaction where the defendant issued a cheque th...

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Bombay High Court Allows Furlough to Convict in Terrorist Crime Case Due to Non-Retrospective Application of Prison Rules. Sub Rule (13) of Rule 4 of Prisons (Bombay Furlough and Parole) Rules, 1959 Cannot Be Applied to Offences Committed Before Its Enactment on 23.02.2012....

The petitioner, Abdul Gani Ismail Turk, was convicted in the 1993 Mumbai Serial Bomb Blast case and sentenced to death by the TADA Court. The Supreme Court commuted his death sentence to life imprison...

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Bombay High Court Allows Writ Petition of Visually Impaired Peon Against Termination Due to 100% Disability. Holds That 40% Minimum Disability Requirement Under Advertisement Cannot Override Statutory Provisions of Persons with Disabilities Act, 1995....

The petitioner, Patel Suleman Gaibi, who is 100% visually disabled, applied for the post of peon in the Irrigation Department of the State of Maharashtra pursuant to an advertisement dated 24 Septembe...