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High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Service of Summons on Defendants, Remands Matter for Fresh Trial. Ex-parte decree set aside as trial court failed to ensure proper service, violating principles of natural justice under Section 96 CPC.

The appellants, who were defendants 1 to 6 in the original suit, filed this appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Pro...

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High Court of Karnataka Considers Writ Petition Challenging Appointment of Special Public Prosecutor Under Section 24(8) of CrPC — Petitioner Alleges Likelihood of Bias as Appointee Had Previously Represented Complainant in Bail Proceedings

The writ petition was filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution read with Section 482 of the Code of Cri...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon UAPA Case on Medical Grounds — Age and Health Conditions of 83-Year-Old Petitioner Considered. Court held that prolonged incarceration violates Article 21 right to life and health, granting bail under Section 439 CrPC and Section 43D(5) UAPA.

The petitioner, Dr. P. Varavara Rao, an 83-year-old poet and activist, was arrested in connection with the Bhima Koregaon case and charged under the U...

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Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

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Bombay High Court Examines Whether Land Acquisition Authority Must Stay Proceedings When Civil Suit for Specific Performance is Pending. Court Reiterates That Civil Court Jurisdiction is Barred Only When Full Relief is Available Before Special Forum Under RFCTLARR Act, 2013.

The dispute arose out of land acquisition proceedings for the Kanhan River Project. The petitioner's father had entered into agreements with responden...

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Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

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Gujarat High Court Allows Appeals in Recovery Suits, Holding That Suits Against Guarantors Were Barred by Limitation. The court held that limitation for suit against guarantor runs from date of default by principal debtor, not from date of guarantee, under Article 55 of Limitation Act, 1963.

The case involves three first appeals arising from a common judgment and decree passed by the City Civil Judge, Court No. 11, Ahmedabad, in Civil Suit...

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Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...