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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Bombay High Court Dismisses Challenge to Land Acquisition for CIDCO Project, Upholds Validity of Acquisition Under 2013 Act. Court holds that acquisition under the 1894 Act had lapsed but was validly revived under the 2013 Act, and that the Court Receiver was not in possession at the time of taking over.

The case involves three writ petitions concerning the acquisition of land bearing survey no. 59/8 at Village Asudgaon, Taluka Panvel, District Raigad,...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of courts below regarding declaration of title and injunction.

The appellant, Maruti A/F Laxman Patil, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and...

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Supreme Court Holds Auction Purchaser Not Liable to Pay Unearned Increase to DDA in Compulsory Acquisition Case. Conversion Charges Refunded as Property Conveyed Was Freehold, Not Leasehold.

The Supreme Court of India heard two cross-appeals arising from a judgment of the Delhi High Court dated 30.03.2016 in LPA No.226 of 2014. The dispute...

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Bombay High Court Allows Second Appeal in Partition Suit — Establishes Plaintiffs' Title and Entitlement to Partition. Court holds that concurrent findings of fact can be interfered with if perverse or based on no evidence, and that plaintiffs proved their 1/3rd share in suit property.

The case involves a second appeal arising from a partition suit. The original plaintiffs, Ratnakar Pralhad Deoras (since deceased, represented by lega...

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High Court of Karnataka Quashes Lok Adalat Award in Partition Suit for Violation of Natural Justice. Petitioners, who were entitled to 1/4th share each in joint family property, were not allotted any share in compromise decree passed without their consent.

The petitioners, Vajravathi and Roopa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the award dated 13.04...