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High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

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Bombay High Court Dismisses Landlord's Challenge to Cancellation of NOC for Redevelopment Due to Misrepresentation of Tenant Status. Landlord's Failure to Disclose Correct Residential Status of Tenants Renders Permission Void Ab Initio Under DCR 33(7) and MHADA Act.

The petitioners, Dahyabhai Papers & Boards Pvt. Ltd. and another, owned a dilapidated cessed building in Mumbai. They applied for redevelopment under ...

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Bombay High Court Clarifies FSI Entitlement in Trust Property Development Dispute. Official Trustee Granted Declaration That Developer Is Entitled to Only 2294 Sq. Ft. FSI by Way of TDR Under Memorandum of Understanding and Court Order Dated 8.8.1997.

The Official Trustee, Maharashtra State, filed a petition seeking clarification and directions regarding an order dated 8.8.1997 passed in Trust Petit...

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Bombay High Court at Goa Allows Writ Petition Challenging Demolition Notice for Violation of Natural Justice. Demolition Order Set Aside as Issued Without Show Cause Notice or Hearing, Despite Alleged Unauthorized Construction in Heritage Precinct.

The petitioners, Raul Aires Fernandes and John Aires Fernandes, filed a writ petition challenging a demolition notice dated 30 March 2016 issued by th...

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High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

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Karnataka High Court Dismisses Second Appeal by Plaintiffs in Suit for Injunction Due to Failure to Establish Lawful Possession. Trial Court's Examination of Gift Deed Validity and Title Was Not Beyond the Scope of an Injunction Suit Under the Principles in Anathula Sudhakar v. P. Buchi Reddy.

The dispute concerned an agricultural land measuring 3 acres 25 guntas in Sy.No.108 at Mathadahalli village, Nelamangala Taluk. The appellants-plainti...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...