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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Sale Proceeds. Amendment sought before trial; court holds that Order VI Rule 17 CPC does not require due diligence before commencement of trial.

The petitioner, Smt. Hemalatha, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.08.2018 passed by ...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, who are family members, filed three writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Crimina...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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High Court of Bombay Considers Appeal Against Rejection of Bail in Malegaon Bomb Blast Case. Accused Charged Under Unlawful Activities (Prevention) Act and Other Serious Offences Seeks Release Pending Trial.

The appeal arose from the rejection of a bail application by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 and the Nati...