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High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

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Bombay High Court Allows Lapse of Reservation Under Section 127 of MRTP Act for Land Reserved for Garden Since 1976 — Award Under Section 23 of RFCTLARR Act 2013 Quashed as Acquisition Not Completed Within Statutory Period

The petitioners, owners of land in Kankavali, challenged the reservation of their land for a garden under the Maharashtra Regional and Town Planning A...

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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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Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...