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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit. Agreement for Sale Recognized Prior Possession, Thus Stamp Duty Payable Under Article 5(e)(ii) of Karnataka Stamp Act, 1957, Not as Conveyance Under Article 5(e)(i).

The dispute originated from a suit for specific performance of an agreement dated 23.06.2018 filed by respondent No.1 against the petitioner and other...

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Bombay High Court Allows Accused to Summon Defence Witness in Rape and Cruelty Case — Rejection of Summons Application Set Aside as Premature. The court held that the accused has a right to lead defence evidence under Section 233 CrPC and the trial court must consider such applications on merits.

The petitioners, who are accused in Sessions Case No.182 of 2013 pending before the learned Additional Sessions Judge, Sangli, challenged an order dat...

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Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Plaintiff Fails to Prove Possession and Title Against Society and Purchaser. The court held that the plaintiff cannot seek a declaration without establishing his own title, and that mere filing of a suit does not prove possession.

The appellant, S. Nanjappa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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Bombay High Court Sets Aside Trial Court Order Marking Document Without Allowing Examination of Employer's Representative in Civil Suit. Document cannot be exhibited without opportunity to examine witness to prove its veracity under general principles of evidence.

The petitioner, Dr. Charusheela Devidas Doifode, original plaintiff, filed a writ petition challenging the order of the trial court dated 9th December...

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Bombay High Court Dismisses Appeal in Stamp Duty Dispute — Agreement for Sale Without Possession Delivery Not a Conveyance Under Article 25 Schedule I of Bombay Stamp Act, 1958. Document Dated 03/3/2000 Held to Be Mere Agreement for Sale, Not Requiring Stamp Duty as Conveyance.

The case involves a Letters Patent Appeal filed by the appellants (legal representatives of the original defendant) against a judgment of a learned Si...