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High Court of Karnataka Quashes Execution Court Order Dismissing Stay Application Under Order 21 Rule 29 CPC for Non-Prosecution — Petitioner's Right to Seek Stay Revived. Dismissal for default does not bar a fresh application or restoration as it is not a decision on merits.

The petitioner, Sanjeev Doddamani, was the plaintiff in O.S.No.570 of 2022 filed for recovery of money. The suit was decreed ex-parte against the resp...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Both Lower Courts Concurrently Found That Plaintiffs Failed to Prove Title and Possession.

The appellants (plaintiffs) filed a suit for declaration of title and permanent injunction in respect of certain immovable property. The trial court d...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

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Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

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Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

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High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

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Bombay High Court Upholds Eviction Under Public Premises Act for Subletting Without Consent. Life Insurance Corporation's Eviction Order Against Tenant's Legal Heirs Confirmed as Subletting to Private Companies Constitutes Unauthorised Occupation.

The case involves an appeal against an eviction order passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Life Insura...

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Bombay High Court Dismisses Petition Challenging Rejection of Brand Rate Drawback Claims for Tea Exports. Confirms revocation of brand rate letters and recovery of drawback amounts with interest due to failure to prove actual duty payment.

The petitioners, Hindustan Lever Limited and its shareholder, filed a writ petition under Article 226 of the Constitution of India challenging an orde...