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Bombay High Court Dismisses Appeal by Cooperative Society Challenging Land Acquisition for Municipal Road. Land Reserved for Road in Development Plan Cannot Be Used for Other Purposes Under Maharashtra Regional and Town Planning Act, 1966.

The appellant, Ambernath Sahakari Samudayik Shetki Society Limited, filed a Letters Patent Appeal against the dismissal of its writ petition challengi...

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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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High Court of Karnataka Quashes Resumption Orders in SC/ST Land Transfer Case — Violation of Non-Alienation Condition Not Proven. Grant of Land to Scheduled Caste Person Under Karnataka SC/ST (PTCL) Act, 1978 Cannot Be Resumed Without Establishing That Transferee Was Not a Member of SC/ST.

The petitioner, Muniraju, challenged the orders of the Assistant Commissioner and Deputy Commissioner directing resumption of 2 acres 4 guntas of land...

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High Court of Karnataka Allows Wife's Appeal Against Ex Parte Divorce Decree for Lack of Proper Service. Family Court's Finding of Sufficient Service Based on 'Refused' Endorsement Set Aside as Notice Was Not Properly Addressed.

The appellant-wife married the respondent-husband on 10.7.2005 and they have a male child. On 26.3.2012, the husband filed a petition under Section 13...

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Bombay High Court Dismisses Writ Petition Seeking Reduction of Punishment from Removal to Reversion in Disciplinary Matter. Petitioner's challenge to rejection of representation for reduction of punishment fails as court finds no grounds to interfere with the decision of the disciplinary authority.

The petitioner, Suresh Gangadhar Dharasurkar, a retired government servant, filed a writ petition before the Bombay High Court, Aurangabad Bench, chal...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...