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High Court of Karnataka Allows Restoration of Suit for Partition Despite Abatement Order — Trial Court Erred in Holding Suit Abated When Legal Representatives Were Already on Record. The Court set aside the rejection of IA No.9 and directed restoration of IA No.7 for fresh consideration.

The petitioner, M/s J.C.Gupta & Sons, a registered firm, was the plaintiff in a civil suit for partition and separate possession of plaint schedule pr...

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Supreme Court Remands Cross-Objection in Land Acquisition Case for Merits Determination — High Court's Dismissal Without Reasons Set Aside. Cross-Objection Under Order 41 Rule 22 CPC Must Be Decided Independently Even if Main Appeal Is Dismissed.

The Supreme Court allowed appeals by landowners against the dismissal of their cross-objection by the Himachal Pradesh High Court. The land in questio...

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Bombay High Court Dismisses Writ Petition of Dismissed Bus Conductor in Misappropriation Case. Labour Court's finding that punishment of dismissal was proportionate to misconduct of ticket irregularities upheld as not shockingly disproportionate.

The petitioner, Shivaji Daulat Dadar, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1989. On 13 ...

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Gujarat High Court Quashes Dismissal of Police Constable in Service Dispute — Violation of Natural Justice and Lack of Evidence. Petitioner's 34-year service terminated without proper inquiry; court holds that non-joining of transfer cannot be treated as desertion without cogent evidence.

The petitioner, Abdul Gafar Dad Karim Raesh, was appointed as an armed constable on 30/12/1973 and later as an unarmed constable in the Gujarat Police...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

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Bombay High Court Dismisses Revision Against Dismissal of Complaint for Non-Prosecution Under Section 138 Negotiable Instruments Act. Magistrate's Order of Acquittal Under Section 256 CrPC Upheld as Complainant Failed to Secure Accused's Presence Despite Five Years of Opportunity.

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Bandu Morsing Pawar, alleging offences under Section 138 of ...

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Bombay High Court Allows Land Acquisition Compensation Petitions in Nanded — Directs Payment of Enhanced Compensation with Interest. Landowners entitled to compensation under Section 28 of the Land Acquisition Act, 1894 for delay in payment after possession was taken.

The judgment concerns a batch of writ petitions filed by landowners whose lands were acquired by the State of Maharashtra for the Nanded-Waghala Munic...