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High Court of Karnataka Allows Appeal in Partition Suit — Order II Rule 2 CPC Bar Not Applicable to Defendants. Held that defendants in a partition suit are not required to claim their share and the bar under Order II Rule 2 CPC does not apply to them, setting aside rejection of plaint.

The case involves a Regular Second Appeal filed by Revanamma against the judgment and decree of the Senior Civil Judge at Chittapur in O.S. No. 36 of ...

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Bombay High Court Partly Allows BEST's Petition Against Industrial Court Order on Unfair Labour Practices — Increments and Leave Benefits for Daily Wagers Upheld Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Brihan Mumbai Electric Supply & Transport Undertaking (BEST), challenged a judgment and order dated 17th October 2019 passed by the Pr...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

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Supreme Court Dismisses Landlord’s Appeal in Bihar Tenancy Dispute; Thika Patta Held to be Lease, Not Mortgage. Tenants of a Tenure-Holder, Being Settled Raiyats Under Bihar Tenancy Act, 1885, Acquired Occupancy Rights and Could Not Be Evicted After Expiry of Head Lease.

The dispute arose from a thika patta executed by the predecessor-in-interest of the plaintiff (appellant) in favor of B, covering a village for a term...