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Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

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Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Stepfather and Stepdaughter — Benami Transaction Claim Fails. The court held that the registered sale deed in the plaintiff's name establishes title, and the defendant's claim of benami ownership was not proved.

The case involves a property dispute between a stepfather (appellant/defendant) and his stepdaughter (respondent/plaintiff). The defendant married the...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Supreme Court Abates Criminal Appeal Following Death of Appellant Under Section 394 CrPC. Appeal Against Murder Conviction Abates as No Near Relative Applied Within Statutory 30-Day Period After Appellant's Death.

The case involved a criminal appeal before the Supreme Court where the appellant had been convicted under Section 302 of the Indian Penal Code, 1860 f...

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Supreme Court Allows Landlord's Appeal in Eviction Case Under UP Urban Buildings Act, 1972. Prescribed Authority's finding of bona fide need and comparative hardship under Section 21(1)(a) reinstated as Appellate Authority's reversal lacked sufficient reasoning.

The appeal arose from a landlord-tenant dispute over a cinema building in Allahabad. The appellant, successor-in-interest to Murlidhar Aggarwal, sough...

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High Court of Karnataka Dismisses PIL Challenging Constitutionality of Section 394(1) CrPC for Lack of Distinction Between Pre- and Post-Death Acquittal in NI Act Cases. The court held that the provision is not unconstitutional and the petition lacked merit.

The petitioner, G Varadaraju, an 89-year-old individual appearing in person, filed a writ petition under Articles 226 and 227 of the Constitution of I...