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High Court of Karnataka Dismisses Second Appeal in Possession Suit — Concurrent Findings of Courts Below Upheld. Suit for Possession Based on Title and Prior Possession Dismissed as Plaintiffs Failed to Prove Title and Possession Within 12 Years.

The case involves a second appeal filed by the plaintiffs (appellants) against the concurrent judgment and decree of the Trial Court and First Appella...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Goods Carriage Passenger Not Covered by Insurance Policy. Deceased was travelling as a gratuitous passenger in a goods vehicle, and the insurer is not liable under Section 147 of the Motor Vehicles Act, 1988.

The case involves an appeal by the New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Jalna, in MACP N...

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Bombay High Court Quashes FIR Against Mother in Child Abuse Case Under Goa Children's Act — Lack of Prima Facie Evidence of Abuse. Court holds that mere presence of child at a protest does not constitute cruelty or neglect under Section 8 of Goa Children's Act, 2003.

The petitioner, Smt. Priya Karekar, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking quashing of FIR No.84/2015 registered b...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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High Court of Karnataka Quashes FIR in SC/ST Act Case Due to Lack of Public View Requirement. Alleged Caste-Based Insult in Private Setting Not Attracting Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, 22 individuals, filed a writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR No. 20...

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Bombay High Court Upholds Conviction for Kidnapping Under Section 363 IPC in Child Abduction Case. Court Confirms that Taking a Minor Without Consent of Guardian Constitutes Kidnapping, Rejecting Defense of Consent by Child's Mother.

The appellant, Salman Sufiyan Shaikh, was convicted by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No.138 of ...