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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...

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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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High Court of Karnataka Quashes Criminal Proceedings Against Public Servants in Corruption Cases for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act — Proceedings Initiated Without Valid Sanction Are Void Ab Initio.

The judgment pertains to multiple criminal petitions and writ petitions filed by public servants of the Hassan Urban Development Authority seeking qua...

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High Court of Karnataka Considers Challenge to Leave India Notice by Australian Employee over Alleged Violation of Natural Justice and FRRO's Jurisdiction. Employment Visa Grant by High Commission Not Subject to FRRO's Nullification, Argues Petitioner.

The writ petition was filed by an Australian citizen, who held an Employment Visa (E-2) valid from 08.01.2018 to 07.01.2020, after being appointed as ...

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Karnataka High Court Hears Regular First Appeal Against Partition Decree. Trial Court Decreed Suit for Partition and Separate Possession, Determining Shares Among Legal Heirs of Gregory and Alphonsus Coelho.

The appeal arose from a suit for partition and separate possession filed by Ruth Lobo (plaintiff/first respondent) against the legal heirs of Gregory ...