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Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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High Court of Karnataka Hears Appeal Against Decree for Rectification of Partition Deed in Brothers' Property Dispute. The Trial Court had Directed Execution of Rectification Deed and Permanent Injunction, Finding Existence of Joint Family and Error in Site Number.

The appeal arises from a suit for specific performance in the form of rectification of a partition deed and alternative partition, filed by one brothe...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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Bombay High Court Hears Writ Petition Challenging Disqualification of Municipal Councillors under Maharashtra Municipal Councils Act, 1965. The Minister's order was impugned on grounds of non-application of mind, lack of statutory violation, and absence of malafide intent.

The writ petition was filed by ten elected members of the Katol Municipal Council, including the President, ex-President, and councillors, challenging...

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Bombay High Court Adjudicates Appeal Against Order Rejecting Impleadment in Suit for Specific Performance. Appellants Sought to Be Added as Co-Plaintiffs, Citing Interest in Property and Necessity for Complete Adjudication.

This appeal arose from the order of a learned single Judge of the Bombay High Court rejecting Chamber Summons No.1334/2004, by which the appellants so...

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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment on Community Land — Muslim Association's Locus Standi Upheld. The court held that an unregistered association can sue to protect its property and that permissive possession can be revoked at any time.

The dispute pertains to a stall/gada situated on a strip of land in Survey No. 213/11 of Piligao village, Goa. The plaintiff, an association of the Mu...