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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

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High Court of Judicature at Bombay, Nagpur Bench Considered Writ Petitions Challenging Trial Court's Rejection of Withdrawal of Insurance Policy Amounts in Succession Dispute. Section 39(7) of Insurance Act, 1938 and Applicability of Hindu Succession Act, 1956 to Nominees' Claims Were Examined.

The writ petitions arose from Special Civil Suit No. 2 of 2022 filed by the widow and son of deceased Pravin Maloo seeking partition of suit propertie...

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High Court of Karnataka Adjudicates Challenge to BDA Land Acquisition Notifications for Nadaprabhu Kempegowda Layout. Petitioners Seek Quashing of Preliminary Notification Under Land Acquisition Act, 1894 and Final Notification Under BDA Act, 1976.

This batch of writ petitions was filed by various land owners under Articles 226 and 227 of the Constitution of India challenging land acquisition not...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...