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High Court of Karnataka Allows Second Appeal in Property Suit — First Appellate Court's Reversal Set Aside Due to Perverse Findings on Adverse Possession. Burden of Proof for Adverse Possession Lies on Claimant; Mere Long Possession Insufficient Under Section 100 CPC.

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 2.6.2007 passed by the Civil Judge ...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs.3,64,500 to Rs.5,50,000. Apportionment of Liability Between Two Tortfeasors Upheld Under Section 173 of Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the legal heirs of the deceased Shanti...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Insurer Held Liable Under No-Fault Liability Despite Absence of Evidence of Negligence in Collision with Unknown Vehicle.

The case involves two appeals filed by United India Insurance Company Limited against judgments and orders dated 22nd December 2004 passed by the Moto...

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Karnataka High Court Upholds Excise License Renewal for Bars and Restaurants Despite Minor Irregularities in Application Process. License Renewal Cannot Be Denied for Technical Defects When Licensee Has Substantially Complied with Conditions and Paid Fees.

The case involves multiple writ appeals filed by the State of Karnataka and its excise authorities against orders of a learned Single Judge directing ...

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Bombay High Court Dismisses Review Petition in Property Suit — No Error Apparent on Face of Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on record, not re-hearing the appeal.

The judgment pertains to a review application filed by the appellants in First Appeal No. 620 of 1996, seeking review of the judgment and order dated ...

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Bombay High Court Grants Probate of Will After Rejecting Allegations of Unsound Mind, Undue Influence, and Unnatural Disposition. Execution Proved by Attesting Witnesses Despite Minor Inconsistencies; Burden of Proving Invalidity Not Discharged by Caveator Under Indian Succession Act, 1925.

The case involved a testamentary suit filed by the executors of the will of Rajendra Singh Kushwaha, who died in Mumbai on 18th December 2009. The pla...

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Bombay High Court Directs Medical Examination of Dementia Patient in Guardianship Petition Under Parens Patriae Jurisdiction. Son and Daughter Seek Guardian Appointment for Mother; Article 226 Petition Invoked to Protect Vulnerable Person.

This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are t...