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High Court of Karnataka Allows Appeal Under Section 454 Cr.P.C. — Sets Aside Confiscation of Rs. 25 Lakhs Deposited by Witness. Confiscation Order Held Without Authority of Law as Money Was Deposited Under Mistaken Order, Not as Fine or Penalty.

The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences u...

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High Court of Karnataka Dismisses Revenue's Appeal in Block Assessment Case — Unexplained Investments Not Proven as Income. The court held that the Assessing Officer failed to establish that the cash credits and investments belonged to the assessee, and the ITAT correctly deleted the additions.

The case involves appeals by the Revenue under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal...

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High Court of Bombay Issues Rule and Hears Matter Finally in Writ Petition Challenging MSEDCL Communication. The Court Decides the Petition Under Article 226 of the Constitution with Consent of Parties After Respondents Waive Service.

The petitioners, a private limited company and its shareholder, filed a writ petition under Article 226 of the Constitution of India before the High C...

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High Court of Judicature at Bombay Issues Directions in Writ Petition Challenging Legality of Criminal Proceedings. The petition was filed under Article 227 of the Constitution and Section 482 of the Code of Criminal Procedure, 1973, and the court directed that rule be made returnable forthwith.

The writ petition was filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, assailing the lega...

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Supreme Court Dismisses Appeal in Mining Lease Renewal Case Due to Time-Barred Application Under Rule 28 of Mines Concession Rules, 1960. Rule 28 held mandatory and intra vires; application received less than six months before lease expiry could not be entertained.

The appeal arose from a mining lease held by the appellant company, which was due to expire on March 22, 1962. Rule 28(1) of the Mines Concession Rule...

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Supreme Court Dismisses Appeal on Will Interpretation: Joint Tenancy Rejected, Per Stirpes Succession Affirmed. Will Construed to Give Foster Children Life Estate as Tenants in Common; Descendants Take Per Stirpes Under Hindu Law.

The dispute arose from the will of a childless Hindu lady who had brought up a boy, B, and a girl, K, as her foster children. By her will, after her d...

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Landlord-Tenant Consent Order Dispute: Ownership and Eviction Battle Over Dilapidated Property. Supreme Court sets aside High Court's decision, reaffirming tenant does not gain ownership based on the consent order of 1979.

A legal dispute between a landlord and tenant, which started as an eviction case, culminated in a consent order in 1979. Despite settling, the tenant ...

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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...