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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property....

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to restrain the respondents from interfering with he...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal....

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurla, Mumbai at an auction sale. Residents of the soc...

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Bombay High Court Allows Appeal in Specific Performance Suit, Restrains Subsequent Purchaser from Alienating Property During Pendency of Suit. Doctrine of lis pendens under Section 52 of Transfer of Property Act, 1882 applies to subsequent purchaser who bought property during pendency of suit for specific performance....

The appellant, M/s. Rehab Housing Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 16 April 2006 against the original owners (respondent nos. 1 to 4) of the suit propert...

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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property....

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, during the pendency of a suit for specific performan...

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Bombay High Court Allows Appeal in Execution Proceedings — Determines Correct Decretal Amount Under Arbitral Award. Court holds that the executing court has jurisdiction to determine the correct amount due under a decree when the judgment debtor seeks clarification, and remands the matter for computation....

The appeal arises from an order of a learned Single Judge dated 20 March 2013 on a Chamber Summons taken out by the Appellant (National Bank of Agriculture & Rural Development) during execution procee...

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Bombay High Court Grants Anticipatory Bail to Director in Cheating and Forgery Case. Court Held That Director's Role of Signing Documents and Attending Meetings Does Not Constitute Criminal Liability Without Specific Allegations of Dishonest Intent....

The applicant, Sandeep P. Jain, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, in connection with Crime No.49 of 2013 registered with the Economic Of...

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Bombay High Court Quashes FIR Against Municipal Officials in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Prosecution for Offences Under SC & ST (Prevention of Atrocities) Act, 1989 and IPC Held Invalid Without Prior Sanction as Required for Public Servants Acting in Discharge of Official Duty....

The applicants, Dr. Kewalkumar Vyankatrao Nemmaniwar (President of Municipal Council, Kinwat) and Keshav s/o Mohan Kokare (Chief Executive Officer), filed a Criminal Application under Section 482 of t...

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Bombay High Court Dismisses Appeal of Accused Convicted for Murder and Cruelty Under Sections 302 and 498A IPC. The Court Relies on Dying Declaration Recorded by Naib Tahsildar and Recovery of Kerosene Container, Holding that the Victim's Statement Was Truthful and Voluntary....

The appellant Dnyaneshwar, original accused No.1, was convicted by the trial court under Sections 302 and 498A of the Indian Penal Code, 1860, for murdering his wife Vijaymala by burning her and subje...