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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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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Supreme Court Upholds Termination of Lease under Madras Estate Abolition Act Due to Post-1945 Grant. Second Proviso to Section 20(1) of Madras Act XXVI of 1948 Renders Lease Void; Third Proviso Inapplicable.

The case involved a dispute over the termination of a lease for state quarries situated in the Venkatagiri Estate, which had been notified under Secti...

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High Court of Karnataka Considers Challenge to Forest Notification as Ultra Vires the Constitution and Forest Laws — Mining Companies Allege Notification Violates Article 246 and Entry 54 of Union List, Karnataka Forest Act, 1963 and Forest (Conservation) Act, 1980

The matter involved multiple writ petitions filed before the High Court of Karnataka by several mining corporations and mineral industries, including ...

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Bombay High Court Adjudicated Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Arbitral Award in Lease Finance Dispute. The Award Held Lessee Liable for Tax Demands Arising from Disallowance of Depreciation Under Income Tax Act, 1961.

The matter pertains to an arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicatur...

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High Court of Bombay at Goa Exercises Suo Motu Jurisdiction and Hears Public Interest Litigation Challenging Alienation of Communidade Land to Builders. Alleged Fraud and Violation of Goa Agricultural Tenancy Act, 1964 and Goa Land Use (Regulation) Act, 1991 in Consent Decree and Sale Deeds.

The High Court of Bombay at Goa heard two connected writ petitions – a public interest petition (WP 294/2008) by Pilerne Citizens Forum and a suo mo...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...