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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurance Company's Appeal Dismissed for Lack of Evidence on License Violation. Claimant awarded Rs.1,00,000/- as just compensation under Section 166 of Motor Vehicles Act, 1988.

The case involves a motor accident claim arising from an incident on 27-03-2010 when the claimant, Somappa, was traveling as a pillion rider on a moto...

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High Court of Karnataka Dismisses RSA in Final Decree Proceedings — No Substantial Question of Law Arises. Appellants failed to challenge preliminary decree and cannot raise objections in final decree proceedings under Order 21 Rule 18 read with Section 54 of CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 was filed by the judgment debtors (appellants) against the ju...

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High Court of Karnataka Quashes Land Tribunal Order for Violation of Natural Justice in Occupancy Rights Claim. Failure to Consider Amendment Application and Provide Opportunity to Lead Evidence Renders Order Illegal.

The petitioners, legal heirs of late Narayan Nagappa Naik, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a wri...

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High Court of Karnataka Dismisses Writ Appeal in Land Grant Dispute — Appellant Failed to Prove Occupancy as on 1.3.1974. Land Tribunal's Order Confirmed as No Material Evidence of Cultivation or Possession on Appointed Date Under Karnataka Land Reforms Act, 1961.

The dispute in the present appeal relates to Sy.No.91 (measuring 4.15 acres) and Sy.No.92 (measuring 8.23 acres) situate in Chikkagubbi village, Banga...

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High Court of Karnataka Dismisses Land Acquisition Challenge for Malaprabha Project Due to Delay and Laches. Petitioners' challenge to Section 4(1) and Section 6(1) notifications under Land Acquisition Act, 1894 dismissed as they failed to explain delay of over 4 years.

The petitioners, 26 individuals from Gonnagar Village, Ramdurg Taluk, Belgaum District, filed writ petitions under Articles 226 and 227 of the Constit...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956.

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his ad...

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High Court of Karnataka Dismisses Second Appeal in Easement Case — Cart Way Existence Upheld Based on Evidence. The court held that the first appellate court's finding of a cart way over defendant's land was based on proper appreciation of evidence and could not be interfered with under Section 100 CPC.

The case involves a dispute over an easementary right of way. The plaintiffs, who owned five strips of land in Sy. No. 15, claimed a cart way existed ...