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Supreme Court Allows Appeal in Rent Control Eviction Case, Restoring Trial Court's Order on Unauthorized Subletting. High Court's Revisional Interference Found Impermissible as It Reappreciated Evidence Beyond Jurisdictional Limits Under Section 46 of Karnataka Rent Act, 1999.

The dispute arose from eviction proceedings initiated by the landlord against the tenant, a partnership firm, under the Karnataka Rent Act, 1999. The ...

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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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Bombay High Court Allows BSNL's Petition Against MSEDCL for Wrongful Tariff Categorization Under Electricity Act, 2003. Telecom Service Provider Cannot Be Classified as 'Commercial' for Electricity Tariff Purposes; MERC Must Determine Correct Category.

The Petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a telecom service provider and a central public sector enterprise, filed a writ petition under Artic...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Suit for Declaration and Injunction. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Civil Suit Where No Allegation of Land Grabbing is Made in Plaint.

The petitioner, Joseph Saldhana, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.10.2018 passed by...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Title Suit. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Suit Where No Land Grabbing Allegation is Made by Government.

The petitioner, Joseph Saldhana, filed a writ petition challenging the order dated 30.10.2018 passed by the 1st Additional Civil Judge, Mangaluru, in ...

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Bombay High Court Dismisses Petition Challenging Seniority Determination in Assistant Teacher Cadre — Continuous Service Length Decides Seniority Under Rule 12 of MEPS Rules, 1981. Education Officer's Order Upheld as Respondent No.4 Appointed Earlier, Hence Senior.

The petitioner, Salim Gulab Mulla, and respondent no.4, Sunil Ananta Devkule, were both assistant teachers at New English School, Mandhardeo, run by r...

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Bombay High Court Dismisses Petition Challenging Substitution of Accused in Section 630 Companies Act Proceedings. Continuing Offence of Unauthorized Occupation Does Not Abate on Death of Original Accused; Legal Heir Can Be Substituted.

The case involves a criminal writ petition filed by Ms. Komal Manu Sahani challenging an order of the learned Magistrate allowing substitution of the ...