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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Madras High Court Allows Appeal in Part in Foreign Award Enforcement Case, Remands for Consideration of Group of Companies Doctrine. The court held that the group of companies doctrine may bind a non-signatory to an arbitration agreement if there is commonality of interest and involvement in the contract.

The appellant, LSS Ocean Transport DMCC, a company incorporated in UAE, filed an appeal against an order dated 16.10.2023 in Arb.O.P.No.(Comm.Div.) 19...

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Madras High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Against Non-Signatory. Group of Companies Doctrine Not Applicable Without Evidence of Mutual Intention to Bind Non-Signatory Under Sections 47-49 of Arbitration and Conciliation Act, 1996.

The appellant, LSS Ocean Transport DMCC, a UAE company, filed an appeal under Section 13(1) of the Commercial Courts Act and Section 50 of the Arbitra...

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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High Court Quashes Criminal Proceedings Against Advocate Petitioner in Land Fraud Case Under IPC Sections 420, 467, 468, 471, 166 read with Section 34 Due to Lack of Prima Facie Evidence and Legal Advice Not Constituting Offence

The petitioner, an advocate, filed a criminal writ petition challenging orders impleading him as an accused in a land fraud case under IPC sections --...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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Bombay High Court Modifies Conviction from Murder to Culpable Homicide Not Amounting to Murder in Single-Blow Case. Appellant convicted under Section 304(II) IPC for causing death by single spade blow without intention to kill.

The appellant, Vitthal Jagan Bendkule, was convicted by the Additional Sessions Judge, Nashik for offences under Sections 304(II) and 323 of the India...

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Bombay High Court Allows State of Goa's Claim for Port Services as Admiralty Claim Against Vessel Sale Proceeds. Port Authority's Services to Vessel in Distress Constitute Maritime Claim with Priority Over Other Claims.

The plaintiff, State of Goa through Captain of Ports, filed an admiralty suit claiming recovery of Rs. 1,31,60,000/- for services rendered to the vess...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...