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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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Supreme Court Allows DNA Test to Determine Paternity in Civil Suit for Declaration of Status. Court holds that DNA test is necessary to ascertain truth and does not violate right to privacy when ordered in a civil proceeding for declaration of paternity.

The appellant, Chaturbhuj Pradhan (CP), was aggrieved by concurrent orders of the First Additional Civil Judge, Class-II, Basna and the High Court of ...

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Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

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High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Partition Suit — Court Upholds Trial Court's Discretion Under Order 39 Rules 1 and 2 CPC, Finding No Prima Facie Case for Injunction Against Alienation of Property by Co-owners.

The petitioner, Rekha Bhujang, filed a suit for partition and separate possession of suit properties described in Schedules A and B of the plaint. The...