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High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans.

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed...

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KAHC010480352008_1

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Bombay High Court Allows Amendment and Recasting of Issues in Property Suit — Petitioner Granted Opportunity to Amend Plaint and Add Relief of Possession Under Order VI Rule 17 CPC. Trial Court's Rejection of Amendment and Recasting of Issue Set Aside as Premature and Contrary to Law.

The petitioner, Archana Ashok Amburle, filed a Regular Civil Suit No.6 of 2012 before the Civil Judge, Junior Division, Dapoli, seeking a mandatory in...

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High Court of Bombay at Aurangabad Dismisses Tenant's Writ Petition Challenging Eviction Decree for Non-Payment of Rent. Concurrent findings of fact under Section 12(3)(b) of Bombay Rent Act, 1947 upheld as tenant failed to deposit arrears of rent since 30.04.19.

The petitioner, Lotan Tryambak Khairnar, was a tenant in the suit premises at a monthly rent of Rs. 9.45 ps. The respondents, original plaintiffs, fil...

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Supreme Court Ruling on Karnataka EMTA Coal Mines Limited: A Complex Case Involving Coal Block Allocation and Legal Interpretations. A detailed examination of the legal challenges surrounding the joint venture agreements, audit reports, and allegations of criminal conspiracy in the coal mining sector.

The Supreme Court of India addressed the appeals filed by M/s. Karnataka EMTA Coal Mines Limited and its Managing Director, challenging the charges fr...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...