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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Allows Second Appeal in Land Revenue Case — Tahsildar's Auction Notice Without Following Section 63 of Maharashtra Land Revenue Code, 1956 Invalid. Appellants' Long-Standing Possession and Licenses for Brick Manufacturing on Government Land Protected.

The case involves a second appeal filed by the appellants, who are brick makers and kavelu makers, against the State of Maharashtra. The appellants ha...

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Bombay High Court Allows Public Interest Litigation Seeking Demolition of Illegal Construction on Khajuria Lake and Restoration of Water Body. Municipal Corporation and State Directed to Recover Costs from Erring Officers and Initiate Prosecution for Unauthorized Filling of 100-Year-Old Lake.

The petitioner, an Indian citizen and resident of Mumbai, filed a Public Interest Litigation seeking directions to demolish illegal construction on CT...

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Bombay High Court Allows Insurer's Appeal in Part and Enhances Compensation for Claimants in Goods Carriage Accident — Deceased Traveling as Owner of Goods Not Gratuitous Passenger. Insurer Directed to Pay Enhanced Compensation with Pay-and-Recover Rights Under Motor Vehicles Act, 1988.

The appeals arise from a judgment and award dated 26.09.2012 passed by the Motor Accident Claim Tribunal, Ahmednagar in M.A.C.P. No.80/2010 under Sect...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Time Was Not the Essence of Contract, but Plaintiff's Conduct Showed Lack of Readiness and Willingness, Hence Decree for Specific Performance Set Aside.

The case involves two first appeals arising from a common judgment and decree dated 10.1.2008 passed by the III Joint Civil Judge, Senior Division, Na...