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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Karnataka High Court Considers Appeal Against Trial Court Decree Holding Sale Deed Not Binding — Power of Attorney Authority Central Issue. Trial Court Decree Under Section 96 CPC Challenged on Grounds of Valid Agency and Sale Agreement.

The High Court of Karnataka, Dharwad Bench, heard a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment a...

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Supreme Court Quashes Criminal Proceedings in Stridhan Case Due to Lack of Locus Standi and Inordinate Delay. Father of divorced daughter cannot file complaint for recovery of stridhan when daughter is alive and capable, and marital issues were settled in divorce decree.

The Supreme Court allowed the appeal filed by the former in-laws of the complainant's daughter, quashing criminal proceedings under Section 406 IPC an...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...

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Supreme Court Allows Appeal in Matrimonial Dispute Over Misappropriation of Stridhan. High Court's Reversal of Family Court's Findings on Custody and Misappropriation of Gold Jewellery Set Aside Due to Improper Reappreciation of Evidence.

The appeal arises from a matrimonial dispute where the appellant-wife claimed that her gold jewellery (89 sovereigns) and Rs. 2,00,000 given by her fa...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Dispute. Petitioner Failed to Establish Prima Facie Case for Injunction Against Trustees and Trust Properties Under Order 39 Rules 1 and 2 CPC.

The petitioner, Sandeep Vijayrao Ingle, filed a writ petition challenging the order dated 01.02.2020 passed by the 17th Joint Civil Judge, Senior Divi...

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Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

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Bombay High Court Disposes of Appeals by Acquiring Authority in Land Acquisition Compensation Dispute. The Court examines the correctness of enhanced compensation awarded under the Land Acquisition Act, 1894, for land acquired under the MRTP Act.

The appeals before the Bombay High Court arose from land acquisition proceedings under the Land Acquisition Act, 1894 read with the Maharashtra Region...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...