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Supreme Court Upholds Dismissal in Departmental Inquiry Case — Change in Inquiry Committee Personnel Does Not Vitiate Proceedings. Substitution of One Member of Inquiry Committee After Some Evidence Recorded is Not a Violation of Natural Justice Under the Indian Railway Establishment Code Rules.

The respondent, a treasure guard in the Eastern Railway, was dismissed from service for misappropriation and unauthorized handling of government cash ...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

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High Court of Karnataka Allows Withdrawal of Divorce Petition with Liberty to File Fresh Petition Under Order 23 Rule 1 CPC. Family Court's Dismissal of Withdrawal Application Set Aside as Irrational.

The petitioner, R. Harish, filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, in the Family Court at Kolar, seeking dissolutio...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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High Court of Karnataka Considers Validity of Will in Partition Appeal After Handwriting Expert Finds Signatures Not of Testator. Appeal Challenges Trial Court’s Dismissal of Suit for Intestate Partition Based on Unproven Will Under Indian Succession Act.

The appeal arose from the judgment and decree dated 8.10.2009 passed by the Civil Judge (Sr.Dn.) and ACJM, Karkala, in O.S.No.134/2006, dismissing a s...