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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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High Court of Karnataka Dismisses Appeal as Withdrawn in Permanent Injunction Suit Following Settlement. Appeal under Section 96 CPC withdrawn after parties settled out of court.

The appellant, Sri S. Babu, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the...

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Bombay High Court Allows Appeal Against Illegal Electricity Demand by Government of Goa. Demand of Rs. 48,50,360/- for Electricity Charges from Successor Company Set Aside as Without Authority of Law Under Electricity Act, 1910 and Indian Contract Act, 1872.

The appellants, Shri Ambey Forging Pvt. Ltd. and its director Pawan Lila, filed an appeal against the judgment and decree dated 31/03/2007 of the Ad h...

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Bombay High Court Dismisses Petition Seeking Declaration of Lapsed Land Acquisition in 1960s Case — Section 6 Declaration Issued Within One Year of Section 4 Notification, No Lapse Occurred.

The petitioners, owners of lands in Borla and Deonar, Mumbai, filed a writ petition challenging the order of the Special Land Acquisition Officer (SLA...

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High Court of Bombay Allows Writ Petition and Directs Release of Imported Yellow Peas Without Restriction. Holds Notification Imposing Import Restriction Operates Prospectively, Not Affecting Contracts Fully Executed Before Imposition Date.

The petitioner, an importer, entered into two contracts for import of Yellow Peas from Ukraine. The balance 90% payment was made on 23.05.2018 and 04....

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Bombay High Court Partly Allows Writ Petition Challenging Civil Judge’s Orders on Cancellation of Evidence and Examination of Unnamed Witness. Orders Set Aside as Civil Court Lacked Power to Cancel Tendered Evidence and Leave Under Order XVI Rule 1(3) CPC Was Not Properly Obtained.

A partnership firm filed a civil suit against the petitioners for delivery of possession and mesne profits. The suit was pending before the Civil Judg...

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Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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Supreme Court Hears Appeals Against High Court's Order Regarding Development Licenses and Building Plans. Dispute Centers on Compliance with Town Planning Norms and Apartment Ownership Act.

The present batch of civil appeals, with the lead matter arising out of SLP(C) No. 11480 of 2020, originated from the judgment and order dated 10 July...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...