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High Court of Karnataka Considers Complainant's Petition to Set Aside Evidence and Transfer Trial in Cheating Case. Earlier Evidence Recorded with Translator Who Was a Witness Nullified by Prior High Court Order, Fresh Evidence Recorded in Compliance.

The petitioner-complainant filed a complaint on 18.3.2010 alleging illicit relationship and intimidation against the accused, leading to filing of cha...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Preponderance of Probabilities; Defendant Failed to Rebut Presumption Under Section 114 of Indian Evidence Act, 1872.

The appellant, Marigouda Chanabasappa Marigoudar, was the defendant in a suit for specific performance of contract filed by the respondents (plaintiff...

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Bombay High Court Dismisses Petition Challenging Order Allowing Examination of Power of Attorney Holder Before Plaintiff in Defamation Suit. No Prejudice or Abuse of Process Found as Trial Court's Discretion Was Properly Exercised Under Order XVIII Rule 3A CPC.

The petitioners, defendants in Special Civil Suit No. 17/2013 for defamation, challenged the trial court's order allowing the respondent-plaintiff to ...

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Bombay High Court Allows Appeal Against Injunction in Property Dispute — Finds No Prima Facie Case for Restraining Construction on Non-Common Area. Court holds that disputed property was not part of common amenities and society failed to prove exclusive ownership over the suit land.

The case involves an appeal from an order granting temporary injunction in favor of the respondent, Kavita Coop Housing Society Ltd., restraining the ...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...