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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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High Court of Karnataka Quashes CBI Charge Sheets Against Cooperative Society Chairman for Lack of Sanction Under Section 197 CrPC. Chairman of cooperative society held to be a public servant under Section 21 IPC, requiring prior sanction before prosecution.

The petitioners, M/s. Ghataprabha Sahakari Sakkare Karkhane Niyamit (a cooperative society) and its Chairman, Lakhan Laxmanrao Jarkiholi, filed two wr...

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High Court of Karnataka Hears Multiple Appeals Against Trial Court’s Mixed Verdict in Suicide and Dowry Harassment Case. Trial Court Acquitted for Dowry Death under Section 304B IPC but Convicted for Cruelty and Abetment of Suicide, Both State and Accused Challenge the Judgment.

The High Court of Karnataka heard three connected criminal appeals arising from the judgment dated 15.03.2016 passed by the V-Additional District and ...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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High Court of Karnataka Dismisses Revision Petition in Eviction Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's Revision Against Eviction Order Dismissed as No Jurisdictional Error or Material Irregularity Shown.

The case involves a civil revision petition filed by Sri Ishwar Gundojirao Genje @ Muchandi (petitioner) against the legal heirs of the deceased respo...

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High Court of Karnataka Quashes Arbitration Proceedings in Chit Fund Dispute for Lack of Jurisdiction. Arbitration Clause in Chit Fund Agreement Not Binding as Chit Fund Act Overrides Arbitration and Conciliation Act.

The petitioner, Sri H.B. Shivakumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash arbitration procee...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and Possession Within Limitation.

The appellant, Sri N. Umesha, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the concurrent judgments of t...