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High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal.

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

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High Court of Judicature at Bombay Nagpur Bench Dismisses Second Appeal in Motor Vehicle Tax Recovery Suit Holding Civil Court Jurisdiction Impliedly Barred. Suit Against State Authorities Barred by Order 9 Rule 9 CPC and Alternate Remedy Under Bombay Motor Vehicle Taxes Act, 1958 Precludes Civil Suit.

The second appeal arose from a suit filed by M/s Pandurang & Krishnarao Co., the owner of a truck, which was sold to defendant no.4 and subsequently t...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

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Bombay High Court Dismisses Wife's Appeal in Parsi Matrimonial Suit — Upholds Decree of Restitution of Conjugal Rights. Wife's Allegations of Cruelty and Adultery Not Proved; Husband's Petition for Restitution Allowed Under Section 36 of Parsi Marriage and Divorce Act, 1936.

The case involves a matrimonial dispute between a Parsi couple, Mrs. Shireen Kersi Dubash (appellant/wife) and Mr. Kersi Jai Dubash (respondent/husban...

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Bombay High Court Reserves Judgment on Petitions Challenging SEBI Show Cause Notices Alleging Lack of Jurisdiction and Res Judicata. Petitioners Argued Earlier Penalties Paid for Same Allegations Bar Fresh Notices Under SEBI Act and PFUTP Regulations.

These two writ petitions were heard together by the High Court of Judicature at Bombay challenging show cause notices issued by the Securities and Exc...

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Karnataka High Court Upholds Compulsory Retirement and Pension Cut of Municipal Employee in Corruption Case Despite Acquittal. Departmental Enquiry Entrusted by Urban Development Department Held Competent and Acquittal in Criminal Case Found Not to Vitiate Penalty under Karnataka Lokayukta Act.

The petitioner, a municipal employee who served as in-charge Chief Officer of Town Municipal Council, challenged the compulsory retirement and permane...

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High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

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Bombay High Court Dismisses Tenant's Petition, Upholds Eviction Decree Under Section 15(3) of Maharashtra Rent Control Act, 1999. Tenant's Admission of Higher Rent and Failure to Deposit Arrears Justified Eviction.

The petitioner, a tenant, challenged the eviction decree passed under Section 15(3) of the Maharashtra Rent Control Act, 1999, as upheld by the first ...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...

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High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...