Search Results for "Equity Jurisdiction"

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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Madras High Court Dismisses Police Constable’s Writ Petition Challenging Compulsory Retirement. Compulsory Retirement Upheld Despite Acquittal in Criminal Case; Delay and Laches Bar Relief Under Article 226.

The petitioner, a police constable, joined service in 1993 and was promoted over the years. In 2011, he was suspended and later faced a charge-memo fo...

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Bombay High Court Considers Section 9 Petition Seeking Renewal of Bank Guarantees Pending Section 34 Challenge to Arbitral Award. Liquidated Damages Claim in Public Utility Contract Examined for Prima Facie Case in Light of Saw Pipes and Construction & Design Services Precedents.

The proceedings arose from a contract between Oil and Natural Gas Corporation Limited (ONGC) and Afcons Gunanusa Joint Venture for construction, insta...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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High Court of Karnataka Upholds Single Judge's Order Setting Aside Land Grant to Religious Trust Under Karnataka Land Grant Rules, 1969. Lack of Competence in Government's Direct Grant Under Rule 27 and Liberal Locus Standi in Illegal State Largesse Cases Affirmed.

The intra-court appeals arose from a common order of a Single Judge of the High Court of Karnataka in two writ petitions. The appellant, Sri Adichunch...

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Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...

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Bombay High Court Allows Summons for Judgment in Summary Suit for Recovery of Debenture and Deposit Amounts — Acknowledgment of Liability Found in Correspondence. Evidentiary Value of Letters as Acknowledgment Under Section 18 of Limitation Act, 1963, Upheld to Extend Limitation Period.

The Bombay High Court heard a Summons for Judgment in a summary suit filed by Canara Bank and others, as trustees of Canbank Mutual Fund, a trust unde...

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High Court of Karnataka Dharwad Bench Hears Writ Petition Challenging Rescission of Appointment of Additional District Government Pleader Within 24 Hours. The Court Examines Whether the Impugned Notification Violates Constitutional Prohibition Against Arbitrariness in Context of Pleasure Doctrine.

The case concerns the abrupt withdrawal of an appointment as Additional District Government Pleader at the newly established XI Additional District an...