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High Court of Karnataka Dismisses Second Appeal in Easement Case — Cart Way Existence Upheld Based on Evidence. The court held that the first appellate court's finding of a cart way over defendant's land was based on proper appreciation of evidence and could not be interfered with under Section 100 CPC.

The case involves a dispute over an easementary right of way. The plaintiffs, who owned five strips of land in Sy. No. 15, claimed a cart way existed ...

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Karnataka High Court Quashes Registration of FIR in Non-cognizable Offence Case for Non-application of Mind by Magistrate. Permission to Investigate Criminal Intimidation Under Section 506 IPC Granted Without Recording Satisfaction Violates Requirement of Section 155(2) of CrPC.

The petitioner challenged the registration of a crime under Section 506 of the Indian Penal Code, 1860 for criminal intimidation, on the ground that t...

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Bombay High Court Hears Appeal Under Section 37 of Arbitration Act Challenging Arbitral Award. Dispute Related to Charter Hire Agreement for Offshore Drilling, Involving Claims for Lost Equipment, Day Rates, and Demobilisation Fees.

The Bombay High Court considered an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Oil and Natural Gas Corporation Lt...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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High Court Dismisses Writ Petition Seeking Compensation for Land Acquired by BDA, Filed by Agreement Holder. Agreement Executed After Preliminary Notification Held Void; Suppression of Civil Suit and Lack of Title Preclude Compensation.

The petitioner, claiming to be an agreement holder in respect of certain lands notified for acquisition by the Bangalore Development Authority for the...

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Supreme Court Allows Appeal in Matrimonial Dispute Over Misappropriation of Stridhan. High Court's Reversal of Family Court's Findings on Custody and Misappropriation of Gold Jewellery Set Aside Due to Improper Reappreciation of Evidence.

The appeal arises from a matrimonial dispute where the appellant-wife claimed that her gold jewellery (89 sovereigns) and Rs. 2,00,000 given by her fa...

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Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...

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Bombay High Court Allows Revision in POCSO Case — Probation Report Can Be Called Even Under POCSO Act. Section 4(1)(2) of Probation of Offenders Act, 1958 is Not Barred by POCSO Act, 2012.

The applicant, Nishant Harishchandra Salvi, was prosecuted for offences punishable under Section 354A of the Indian Penal Code and Section 8 of the Pr...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...