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Supreme Court Dismisses Lessor’s Appeal in Lease Renewal Dispute — Renewal Clause Does Not Offend Rule Against Perpetuity. Option to Renew Lease Every Ten Years Does Not Create an Interest in Property Under Section 14 of the Transfer of Property Act, 1882.

The dispute arose from a lease deed executed on October 26, 1951, between the appellant-lessor and the respondent-lessee for premises in Bangalore. Th...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order to Impound Insufficiently Stamped Sale Agreement. Document Insufficiently Stamped Cannot Be Admitted in Evidence Without Payment of Deficit Stamp Duty and Penalty Under Section 34 of Karnataka Stamp Act, 1957.

The petitioners, who are plaintiffs in O.S. No.4/2009 pending before the Senior Civil Judge, Lingasugur, filed a suit for specific performance based o...

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High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Compromise Petition in Partition Suit. Court Holds That Once Compromise Is Recorded Under Order XXIII Rule 3 CPC, Suit Must Be Disposed of in Terms Thereof.

The petitioners, who were defendants 2 to 4 in a partition suit (O.S. No. 55/2013) pending before the Civil Judge and JMFC, Kudligi, challenged the or...

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High Court of Bombay at Goa Quashes Order Dismissing Impleadment Application in Suit for Demolition and Permanent Injunction. Trial Court Erred by Not Exercising Power Under Order I Rule 10 CPC When Defendants Pleaded Widow Was Necessary Party.

This writ petition under Article 227 of the Constitution of India arose from the dismissal of an application under Order I Rule 10 read with Section 1...

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High Court of Bombay at Goa Allows Second Appeal in Tenancy Dispute — Declaration of Tenancy Attains Finality and Cannot Be Ignored by Civil Court. The Additional District Court erred in ignoring the tenancy declaration in Tenancy Case No.9/94 which had become final and binding on the parties.

The case involves a second appeal by the plaintiff, Vishnum Shankar Naik, against the judgment of the Additional District Court in a suit for declarat...

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Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...