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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...

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Bombay High Court Dismisses Second Appeal in Service Termination Dispute — Concurrent Findings of Lower Courts Upheld. Employee Failed to Prove Illegal Termination; Entitled Only to Limited Monetary Claims.

The appellant, Nishikant Narayan Kale, was appointed as Planning Manager of Bajaj Tempo Limited (now Force Motors Limited) on 18 May 1980 on probation...

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Bombay High Court Allows Revision Against Order Returning Plaint in Property Dispute — Jurisdiction of Civil Court Barred Under Section 163 of Maharashtra Cooperative Societies Act, 1960. Dispute Relating to Property Owned by Cooperative Society Must Be Tried by Cooperative Court, Not Civil Court.

The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dat...

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Madras High Court Dismisses Second Appeal in Partition Suit — Settlement Deed by Father Not Invalid as Properties Were Self-Acquired, Not Ancestral. Plaintiff Failed to Prove Ancestral Nature of Suit Properties Under Hindu Succession Act, 1956.

The appellant/plaintiff filed a suit for partition and permanent injunction claiming that the suit properties were ancestral properties of Arunachala ...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...