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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of IA for Framing Additional Issues in Injunction Suit. Order 14 Rule 1 and 5 CPC does not mandate framing of issues on every factual controversy; only on material propositions of fact or law.

The petitioner, plaintiff in O.S. No.374/2016, filed a suit for permanent injunction against the respondents to restrain them from interfering with hi...

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Supreme Court Allows Appeal in Limitation Dispute, Remands Suit for Trial on Merits. Issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 CPC when facts are disputed and require evidence.

The appellant, M/s Mongia Realty and Buildwell Private Limited, instituted a suit against the respondent, Manik Sethi, on 31 March 2017 under Order 37...

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KAHC010480352008_1

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Bombay High Court Dismisses Petition Challenging Election Programme of Cooperative Sugar Factory on Ground of Premature Interference. Court Holds That Once Election Process Commences, Remedy Lies in Election Petition Under Section 91 of Maharashtra Cooperative Societies Act, 1960, Not in Writ Petition.

The petitioners, members of a cooperative sugar factory (Respondent No.3), challenged the election programme for the society's committee, alleging irr...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for partition and separate possession of ancestral property dismissed as plaintiff failed to prove joint family property and possession.

The appellant, Nitin Keshavlal Shah, filed a second appeal against the judgment and order dated 31/07/2023 passed by the learned District Judge-1, Lat...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Supreme Court Examines Whether Election Petition Against President Merits Regular Trial. Petitioner Raises Office of Profit Disqualification Under Article 58(2) as Chairman of Indian Statistical Institute.

The petitioner, a candidate in the Presidential elections held on 19 July 2012, challenged the election of the respondent to the office of President o...