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Madras High Court Allows Second Appeal in Property Injunction Suit — Reverses Appellate Court's Dismissal and Restores Trial Court's Decree. Held that the appellate court erred in reversing the trial court's judgment without properly considering the evidence regarding possession and title.

The appellants, as plaintiffs, filed a suit for bare injunction in O.S.No.52 of 2008 before the District Munsif Court, Thuraiyur, seeking to restrain ...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

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Bombay High Court Dismisses Petition Challenging Trial Court's Refusal to Allow Additional Documents in Eviction Suit — No Error in Exercise of Discretion Under Order 13 Rule 1 CPC.

The petitioners, as plaintiffs in a suit for eviction, sued two defendants. The second defendant, during his cross-examination, applied to produce cer...

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Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse Inference.

The legal representatives of the original plaintiff in O.S. No. 104/1982 (old No. 215/1968) filed a second appeal under Section 100 of the Code of Civ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

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Bombay High Court Upholds Life Sentence for Triple Murder in Domestic Violence Case. Conviction under Section 302 IPC for killing wife, mother-in-law, and daughter with spade based on circumstantial evidence and motive of habitual quarrels.

The appellant, Santosh Pralhad Bhadait, was convicted by the Sessions Judge, Buldana, for the murder of his wife Gita, mother-in-law Vimal, and minor ...

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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...