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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

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High Court of Karnataka Allows Appeal in Service Matter — Appellant Institution Succeeds in Proving Lack of Employer-Employee Relationship. The respondent failed to establish his employment with the appellant, leading to dismissal of the suit for declaration and injunction.

The appellant, The Chairman The State Government Employees Shikshana Sangha, Laxmi Complex, Neeligin Road, Hubli, represented by its Principal, filed ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Courts Below Upheld. Agreement to Sell Not Proved as Genuine Transaction; Appellate Court's Reversal of Finding on Nature of Transaction Was Justified.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

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High Court of Karnataka Acquits Accused in CBI Corruption Case Due to Lack of Evidence. Conviction under Prevention of Corruption Act and IPC set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The judgment pertains to two criminal appeals filed by accused persons convicted by the Special Judge for CBI Cases, Bangalore, in Spl.C.C.No.139 of 1...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Fact. The court held that the appellants failed to prove title by adverse possession and that the suit was not barred by limitation under the Portuguese Civil Code.

The case involves a second appeal filed by the appellants, who were defendants in a suit for declaration of title and recovery of possession filed by ...