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High Court of Karnataka Allows Excise Appeal, Upholds Transfer Fee Demand for CL-7 Licence Renewal Under Rule 17B of Karnataka Excise (General Conditions of Licences) Rules, 1967. Induction of Legal Heir of Deceased Partner Constitutes Transfer of Licence Requiring Payment of Transfer Fee.

The case involves a writ appeal filed by the Commissioner of Excise and Deputy Commissioner of Excise against an order of a learned Single Judge of th...

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Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

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Bombay High Court Allows Petitions Challenging Rejection of Refund Applications Under Maharashtra Stamp Act. Refund of Stamp Duty on Deemed Cancellation of Agreements for Sale Allowed Where Agreements Were Not Registered and No Instrument of Cancellation Was Executed.

The Petitioners, Qwik Supply Chain Pvt Ltd and another, filed two Writ Petitions challenging the orders dated 07.03.2015 and 08.02.2018 passed by the ...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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

The appellant, Bhausaheb R. Sanap, was defendant No.5 in Regular Civil Suit No.81 of 2000 filed by respondent Nos.1 and 2 (Ratnabai and Satyabhamabai)...

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Supreme Court Allows Appeal Against High Court Order Directing Return of Passport in Contempt Proceedings for Breach of Undertaking. The Court restored the Single Judge's order impounding the passport of a contemnor who repeatedly breached undertakings given to the court in a property dispute.

The appellant, Shyam Sahni, filed a civil suit in 2008 seeking declaration, possession, and partition of a property in Friends Colony, New Delhi, orig...

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Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

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Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...