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High Court of Karnataka Dismisses State's Appeal in Revenue Recovery Dispute Against Company in Liquidation. Priority of secured creditor's claim under Section 529A of Companies Act, 1956 upheld over State's statutory dues under Karnataka Land Revenue Act, 1964.

The case involves an appeal by the State of Karnataka and its officers against an order of the Company Judge dated 03.11.1998 in Company Application N...

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Bombay High Court Dismisses Sarpanch's Challenge to No-Confidence Motion — Non-Service of Requisition Copy Not Fatal Under Section 35 of Maharashtra Village Panchayat Act, 1958. Service of Notice Under Section 35 Read with Rule 2 of No-Confidence Rules Held Sufficient Compliance.

The petitioner, Smt. Amrapali Sakharam Kamble, was elected as Sarpanch of Mhasrang Gram Panchayat on 26th February 2021. She remained absent from meet...

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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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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Both Lower Courts Concurrently Found That Plaintiffs Failed to Prove Title and Possession.

The appellants (plaintiffs) filed a suit for declaration of title and permanent injunction in respect of certain immovable property. The trial court d...

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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 second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

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Karnataka High Court Dismisses Land Acquisition Appeal on Grounds of Delay and Laches — Challenge to Acquisition After 30 Years Rejected. Successor-in-Interest Cannot Claim Ignorance of Acquisition Proceedings Under Land Acquisition Act, 1894.

The appeal arose from a judgment of a Single Judge dismissing Writ Petition No.21863/2011 on the ground of delay and laches. The appellant, Smt. Nanja...

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Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...