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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Supreme Court Grants Bail to Appellant in UAPA Case, Citing Lack of Prima Facie Evidence. Court Highlights Prosecution’s Flawed Charge Sheet and Upholds "Bail as Rule, Jail as Exception" Principle

The prosecution failed to establish prima facie evidence linking the appellant to offences under UAPA or IPC. Distortion of Witness Statement: Pr...

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High Court of Karnataka Issues Mandamus to Rebuild Government Primary School — Failure to Act on Representations Constitutes Dereliction of Duty. School Development and Monitoring Committee's Right to Seek Enforcement of Statutory Duties Under Karnataka Education Act, 1983 Upheld.

The petitioner, the School Development and Monitoring Committee of Government Lower Primary School, Agaralingana Doddi, Maddur Taluk, Mandya District,...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Supreme Court Upholds Eviction Decree in Rent Control Case — Concurrent Findings of Default and Non-User Not Interfered With. Tenant's Failure to Pay Rent and Non-User of Premises for Stated Purpose Justify Eviction Under Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947.

The Supreme Court dismissed two civil appeals arising from a landlord-tenant dispute over eviction. The plaintiff purchased the suit property in 1986 ...

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Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

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Bombay High Court Quashes Disqualification of Sarpanch for Encroachment on Government Land in Different Village. Encroachment on land in another village cannot be ground for disqualification under Section 14(1)(j3) of Maharashtra Village Panchayats Act, 1958.

The petitioner, Bhagwat Gawali, was an elected member and Sarpanch of Gram Panchayat Morgavhan. Respondent No. 5 filed an application before the Distr...

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Bombay High Court Dismisses Writ Petition Against Collector's Order Suspending Municipal Council Resolution for Lease of Land. Petitioner Society Had Alternate Statutory Remedy Under Section 318 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioner, Mehboobiya Education Society, administered a primary school in rented premises and applied for a lease of land out of Survey No.74. Th...