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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

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High Court of Bombay Dismisses Criminal Appeal Challenging Conviction Under NDPS Act for Possession of Mandrax Tablets Upholding Admissibility of Chemical Analyser's Report Under S.293 CrPC. Non-examination of Chemical Analyst Not Fatal Owing to S.36-C NDPS Act Incorporating CrPC Provisions.

The appellant was convicted by the Special Court under NDPS Act for possession of mandrax tablets (methaqualone), totaling 103 kg, found on two occasi...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...

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High Court of Karnataka Quashes Impounding Order in Lease Agreement Dispute — Document Held to be Agreement to Lease, Not Lease Deed. Trial Court Erred in Construing Agreement to Secure Lease as Lease Deed Under Karnataka Stamp Act, 1957.

The petitioners, Canara Bank, were defendants in an eviction suit filed by the respondent, M/s Shankaranarayana Industries and Plantations Pvt. Ltd., ...

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Bombay High Court Dismisses Writ Petitions Challenging Order Allowing Production of Additional Documents in RAE&R Suit. Court Held That Mere Production of Documents Without Ruling on Admissibility Does Not Cause Prejudice to Petitioners.

The case involves four writ petitions filed by the petitioners challenging an order dated 1 August 2022 passed by the learned Judge, Small Causes Cour...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Allows Petitioner to Recall Document for Evidence in Civil Suit — Inherent Power Under Section 151 CPC Can Be Invoked for Recall of Document from Collector's Office for Purpose of Tendering in Evidence

The petitioner, Shri Gruha Nirman Sahakari Sanstha Ltd., a housing society, filed a writ petition challenging the order dated 31-1-2012 passed by the ...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...