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Bombay High Court Allows Second Appeal in Property Suit Due to Procedural Irregularity — Trial Court Failed to Issue Notice to Party After Lawyer's Discharge. Substantial Question of Law Arises Under Section 100 CPC When Court Proceeds Ex Parte Without Ensuring Party's Knowledge of Proceedings.

The case involves a second appeal arising from a civil suit where the original defendant (now deceased, represented by legal heirs) was the appellant....

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Gujarat High Court Upholds Acquittal in Cross-Cases of Land Dispute Violence — Benefit of Doubt Given Due to Inconsistent and Interested Testimony. Conviction under Sections 326, 324, 323, 504, 114 IPC and Section 3(1)(10) SC/ST Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Gujarat appealed against the acquittal of the respondents-accused in two interconnected cross-cases arising from a land dispute. The inci...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Property Dispute. Res Judicata and Limitation Grounds Not Applicable as Earlier Co-operative Court Judgment Was Set Aside and Subsequent Civil Suit Involves Different Cause of Action.

The petitioner, Ganesh Keshav Patole, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 March 2016 pa...

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High Court of Karnataka Allows Appeal in Property Suit, Reverses Trial Court's Finding of Res Judicata. The court held that the earlier suit was not between the same parties and the subject matter was different, thus the bar of res judicata under Section 11 CPC did not apply.

The appellant, Ashok Patil, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, challenging ...