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High Court of Karnataka Allows Writ Petition Challenging Rejection of Compromise Petition in Partition Suit. Court Holds That Once Compromise Is Recorded Under Order XXIII Rule 3 CPC, Suit Must Be Disposed of in Terms Thereof.

The petitioners, who were defendants 2 to 4 in a partition suit (O.S. No. 55/2013) pending before the Civil Judge and JMFC, Kudligi, challenged the or...

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High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

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Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation Due to Error in Dependency Calculation. Gross Salary Must Be Considered for Computing Loss of Dependency Under Motor Vehicles Act, 1988, Not Take-Home Salary.

This appeal arises from a judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the ...