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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of CPC Application in Eviction Appeal Under Karnataka Public Premises Act. CPC Provisions Not Applicable to Summary Proceedings Under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.

The petitioner, T.V. Sathyanarayana Gupta, was an alleged unauthorized occupant of a shop in a municipal complex in Pavagada Town, Tumakuru District. ...

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Bombay High Court Dismisses Appeal Under MPID Act Seeking Release of Attached Property — Property Acquired During Pendency of Criminal Proceedings Cannot Be Claimed as Bona Fide Purchaser Without Notice.

The case involves an appeal filed by Ved Prakash Arya under Section 11 of the Maharashtra Protection of Interest of Depositors (in Financial Establish...

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Bombay High Court Quashes Conversion of Open Space to Commercial Plot by MIDC — Violation of Public Trust and Statutory Procedure. Allotment of Reserved Open Space Without Following Section 14 of MIDC Act and Without Public Auction is Illegal.

The petitioners, residents of Waluj Industrial Area, Aurangabad, and one of them being an industrial unit holder, challenged the action of the Maharas...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Karnataka High Court Dismisses Appeal in Land Title Dispute Against BDA and State — Plaintiffs Fail to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiffs Could Not Establish Ownership Over Property Allegedly Acquired by BDA.

The appeal arises from a judgment and decree dated 09.03.2007 passed by the IX Additional City Civil Judge, Bengaluru, in O.S.No.9426/1997, dismissing...

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Karnataka High Court Allows Appeal in Declaration Suit Against Government — Notice Under Section 80 CPC Held Sufficient. Ex.P.7 Notice Complied with Requirements Despite Minor Defects, Lower Appellate Court's Reversal Set Aside.

The appellant-plaintiff, R. Jayaraman, filed a suit for declaration and perpetual injunction against the respondents, who are government officials and...

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Bombay High Court Dismisses Petitioner's Challenge to Recovery Proceedings Under Maharashtra Co-operative Societies Rules — Petitioner Failed to Impugn Recovery Certificate and Possession Was Lawfully Taken Under Rule 107(11)(d-1).

The petitioner, Anil G. Tupte, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16th March 2017 passed ...

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Supreme Court Upholds Surety's Discharge Under Section 141 of Indian Contract Act When Creditor Parts with Security. Surety Discharged as State Lost Security by Allowing Removal of Forest Produce Without Full Payment, Extinguishing Subrogation Rights.

The dispute arose from a forest contract auction conducted by the Divisional Forest Officer, Hoshangabad Division, for the sale of felled trees. One J...