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High Court of Karnataka Allows Second Appeal in Injunction Suit — Rejection of Plaint Set Aside. Plaint Discloses Cause of Action and Is Not Barred by Limitation Under Order VII Rule 11(d) CPC.

The appellant, M/s. Shree Garodi Steels, filed a suit for permanent injunction against the respondent, M/s. Yojaka India Private Ltd., in O.S. No. 739...

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Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked.

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaint...

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Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Allows Revision in Eviction Case Due to Lack of Proper Service of Notice Under Section 106 of Transfer of Property Act, 1882. Notice sent by UPC without acknowledgment due was held insufficient to terminate tenancy.

The revision application was filed by the applicant (defendant No.2) against the judgment and decree dated 4th May 2022 passed by the Appellate Bench ...

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APPEAL FROM ORDER NO.495 OF 2015

The judgment under consideration pertains to four appeals arising from a property dispute involving final plot no.267 of Town Planning Scheme IV, Mahi...