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Supreme Court Allows Appeal in Rent Control Eviction Case, Restoring Trial Court's Order on Unauthorized Subletting. High Court's Revisional Interference Found Impermissible as It Reappreciated Evidence Beyond Jurisdictional Limits Under Section 46 of Karnataka Rent Act, 1999.

The dispute arose from eviction proceedings initiated by the landlord against the tenant, a partnership firm, under the Karnataka Rent Act, 1999. The ...

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High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable.

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted b...

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Bombay High Court Dismisses Appeals by Owner and Insurance Company in Motor Accident Claim — Negligence of Driver Established. Compensation of Rs. 9,50,180/- Upheld Under Section 166 of Motor Vehicle Act, 1988 as Insurance Company Failed to Prove Breach of Policy Conditions.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicle Act, 1988 by the legal representatives of the deceas...

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Bombay High Court Dismisses State's Leave to Appeal in Rape Acquittal Case — Prosecution Failed to Prove Guilt Beyond Reasonable Doubt. Acquittal of Accused Under Sections 363, 366, 376, 323, 506 IPC Upheld Due to Material Contradictions and Lack of Corroboration.

The State of Maharashtra, through Satara City Police Station, filed an application under Section 378(3) of the Criminal Procedure Code seeking leave t...

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Bombay High Court Awards Compensation for Illegal Detention by Police in Violation of D.K. Basu Guidelines. Petitioner was detained for six days without being produced before a magistrate, and the court held the State liable for constitutional tort.

The petitioner, Sagar Balu Ubhe, filed a writ petition alleging that he was illegally detained by the police from 25th to 30th January 2012. The Bomba...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Eye-Witness and Lack of Corroboration. Acquittal of Accused under Section 302 read with 34 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal against the judgment and order dated 10.5.1989 passed by the Additional Sessions Judge, Malegaon, District Na...

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Bombay High Court Dismisses Revision Against Order Rejecting Plaint in Trust Property Suit for Non-Compliance with Section 80 CPC. Suit Against Public Trust Without Statutory Notice Under Section 80 CPC is Not Maintainable and Plaint Must Be Rejected Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting the plaint ...