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Bombay High Court Allows Second Appeal in Property Dispute Involving Will and Gift Deed Validity. Court sets aside concurrent findings of courts below, remands matter for fresh consideration on issue of due execution of gift deed and will.

The appellant, Surekha Murgendra Kalyanshetti, filed a second appeal against the judgment and decree of the District Court, Kolhapur, which dismissed ...

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High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

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Supreme Court Allows Appeal and Restores Trial Court Decree in Timber Supply Payment Dispute. Misdescription of Proprietorship Firm Name Does Not Invalidate Suit; Amendment Relates Back to Original Filing and Overcomes Limitation Bar.

The dispute arose from a civil suit for recovery of the price of timber supplied. Manohar Lal, son of Jai Jai Ram, carried on business as a commission...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Concurrent findings of fact by trial and appellate courts cannot be interfered with under Article 227 unless perverse or without jurisdiction.

The petitioners, legal representatives of the original defendant Shankar Mahada Kardile, filed a writ petition under Article 227 of the Constitution o...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Reopen Evidence in Partition Suit — Petitioner Failed to Demonstrate Sufficient Cause for Recalling Witness Under Order 18 Rule 17 CPC

The petitioner, Channabasappa S/o Shivappa Hosamani, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Courts Below Upheld. Suit for Declaration of Title and Injunction Based on Adverse Possession Fails as Plaintiff Failed to Prove Hostile Possession for Statutory Period.

The case pertains to a second appeal filed by the first defendant in O.S.No.17/1992 before the Civil Judge (Sr.Dn), Chintamani, challenging the concur...