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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

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High Court of Karnataka Quashes Deputy Commissioner's Order Cancelling Caste Certificate for Violation of Natural Justice. Petitioner's Caste Certificate Cancelled Without Show Cause Notice or Hearing Under Karnataka SC/ST Act.

The petitioner, Basavarajappa (since deceased, represented by his legal representatives), filed a writ petition under Articles 226 and 227 of the Cons...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Bombay High Court Dismisses Appeal Against Rejection of Trust's Application for Alienation of Immovable Property Under Section 36(1)(a) of Maharashtra Public Trusts Act, 1950. Joint Charity Commissioner's Order Upheld as No Error of Law or Jurisdiction Found.

The case involves a Letters Patent Appeal filed by Megh Realty and Developers Private Limited against the order of the learned Single Judge dismissing...

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Bombay High Court Allows Mutation and Quashes Demand for Unearned Income in B1 Category Land Transfer Cases. State cannot insist on NOC or demand unearned income without statutory authority under the Maharashtra Land Revenue Code, 1966.

The judgment concerns two writ petitions challenging the State Government's actions regarding B1 category land. In Writ Petition No.2378 of 2018, the ...

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High Court of Karnataka Allows Impleadment of Subsequent Purchaser in Partition Suit Appeal — Order I Rule 10 CPC. Subsequent purchaser held to be necessary and proper party to appeal under Order I Rule 10 of Code of Civil Procedure, 1908.

The petitioner, Sri Basavaraj @ Madhu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20.12...