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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

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Bombay High Court Discharges Accused in Bank Fraud Case Due to Lack of Evidence of Conspiracy or Knowledge. Petitioner, a Chartered Accountant, Allegedly Prepared Audit Reports for Loan Applicant but No Material Showed He Knew of Fraudulent Intent.

The petitioner, Manish Dosal Barot, was one of the accused in C.R.No.38 of 2003 registered by the Bank of India, Saki Naka Branch, for offences under ...

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High Court of Karnataka Dismisses Petitions Challenging Rejection of Nomination Papers for Rajya Sabha Elections. Filing of Nomination by Proposer Who is Not an Elector in the State Renders Nomination Invalid Under Section 33(1) of the Representation of the People Act, 1951.

The petitioners, who were candidates for election to the Rajya Sabha from Karnataka, challenged the rejection of their nomination papers by the Return...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...