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Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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High Court of Karnataka Allows Petition of Wife and Minor Son Seeking Arrears of Maintenance Under Section 128 Cr.P.C. — Trial Court Erred in Dismissing Petition Without Considering Admission of Maintenance Order by Respondent.

The petitioners, Smt. Huligewwa @ Huligemma and her minor son Manjunath, filed a criminal petition under Section 482 Cr.P.C. challenging the order dat...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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High Court of Madras Considers Review Application in Labour Dispute Over Security Guards' Employment Status. Application Filed Under Order XLVII Rule 1 CPC Against Division Bench Judgment in W.A.No.424 of 2021.

This review application was filed by the Management of Ennore Thermal Power Station, Tamil Nadu Electricity Board, under Order XLVII Rule 1 read with ...

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High Court of Karnataka Reviews Maintainability of Claim Under Section 163A of Motor Vehicles Act, 1988 in Cross Appeals Arising from Fatal Accident. Claim by Legal Heirs of Deceased Driver Who Borrowed Vehicle and Died Without Involvement of Another Vehicle Is Under Scrutiny.

The judgment involves two appeals arising from the same motor accident dated 20.09.2006. An auto rickshaw driven by Ramesh Babu, in which Murali was a...

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Bombay High Court Allows Termination of Pregnancy of Minor Rape Victim in Writ Petition Under Article 226. Gestational Age Exceeding 20 Weeks Permitted Termination Due to Risk to Minor's Mental and Physical Health Under Medical Termination of Pregnancy Act, 1971.

The petitioner, the mother of a minor girl aged about 17 years and 2 months, filed a writ petition under Article 226 of the Constitution of India befo...