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Bombay High Court Upholds Decree for Specific Performance in Property Sale Dispute — Property Held Self-Acquired Despite Ancestral Origin. Property received in partition is self-acquired and vendor competent to alienate without consent of other family members.

The present second appeal arises from a decree for specific performance of an agreement to sell agricultural land. The respondent-plaintiff Raghunath ...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

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Bombay High Court Upholds Conviction for Murder and Destruction of Evidence in Circumstantial Evidence Case. Last Seen Theory and Recovery of Incriminating Articles Sufficient to Convict Under Sections 302 and 201 IPC.

The appellant, Ashish Burange, was convicted by the Additional Sessions Judge, Kopargaon, for the murder of Pushpa Pande, a 59-year-old spinster and r...

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High Court of Bombay Confirms Death Sentence for Accused in Rape and Murder of Four-Year-Old Girl. Conviction under Sections 302, 376(2)(i), 377, 363, 366, 201 read with 34 of Indian Penal Code Upheld for Acts Committed in Furtherance of Common Intention.

The case arises from a reference under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence and an appeal agains...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property.

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated ...