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High Court of Karnataka Dismisses Second Appeals in Land Dispute, Upholding Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Possession and Title Over Suit Property.

The present appeals arise out of a suit for declaration of title and permanent injunction filed by the appellants (plaintiffs) against the respondent ...

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High Court of Karnataka Dismisses Regular First Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Appeal fails as appellants failed to prove title and possession over suit property, and no substantial question of law arose.

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.06.2015...

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High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Charge Sheet — Tribunal Erred in Dismissing Claim Petition Despite Criminal Proceedings Showing Driver's Negligence Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Murugan T, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Daughter Entitled to Half Share in Ancestral and Self-Acquired Properties. Daughter's claim for partition upheld as co-parcenary rights under Hindu Succession Act, 1956 apply equally to daughter and son.

The appellant, Smt. P L Nanjamma, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

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High Court of Karnataka Dismisses Petition for DNA Test in Paternity Dispute — Husband Denies Paternity of Child Born During Separation. Presumption of Legitimacy Under Section 112 of Indian Evidence Act Applies Unless Non-Access is Proved.

The petitioner, husband, filed a writ petition challenging the order of the Family Court, Belgaum, dated 21.11.2015, which rejected his application (I...

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Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...