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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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High Court of Karnataka Quashes FIR in Assault Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. FIR under Sections 323, 324, 341, 427, 504, 506 IPC quashed as allegations were vague and the dispute was civil.

The petitioners, C. Ganesh Narayan and Vidya Nataraj, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

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Bombay High Court Partially Allows Challenge to Arbitral Awards in Partnership Dissolution Dispute. Court upholds award on Grant Road firm but sets aside award on Colaba firm due to lack of reasons on counterclaim.

The petitioner, Zenobia Poonawala, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging two arbitral awards...

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Bombay High Court Dismisses Husband's Divorce Appeal in Mental Disorder Case, Upholds Wife's Restitution of Conjugal Rights. Allegations of Schizophrenia and Paranoid Personality Disorder Not Proved Under Section 13(1)(iii) of Hindu Marriage Act, 1955.

The case involves two appeals filed by the husband, Gajendra Mohite, against a common judgment of the Family Court at Aurangabad. The marriage between...

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Karnataka High Court Quashes Appointment of Special Officer in Co-operative Society Election Dispute — Violation of Section 28A of Karnataka Co-operative Societies Act, 1959. Appointment made without prior election schedule and without affording opportunity of hearing to elected board.

The petitioners, who were members of the Primary Agricultural Credit Co-operative Society Ltd., Yelenavadagi, challenged the order dated 27.06.2017 pa...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...