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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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CMA NO.2543 OF 2018

The dispute arose over the legal heirship and terminal benefits of deceased Sundaramoorthy, who worked as a clerk in the Corporation of Chennai and di...

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Bombay High Court Dismisses Second Wife's Revision in Succession Certificate Dispute. Second Marriage During Subsistence of First Marriage Held Void Under Hindu Marriage Act, 1955, Entitling First Wife to Family Pension.

The case involves a dispute between two widows of the deceased Gangadhar Hiremath regarding entitlement to a succession certificate and family pension...

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High Court of Karnataka Allows Appeals in Motor Accident Claims — Enhances Compensation for Death of C. Mallikarjuna. Negligence and Contributory Negligence Issues Decided; Tribunal's Apportionment of 50% Contributory Negligence Set Aside.

The case arises from a motor accident that occurred on 20.08.2012 involving a motorcycle and a car. The deceased, C. Mallikarjuna, aged 30 years, was ...

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Bombay High Court Allows Compassionate Appointees' Petitions Against Requirement of Tribe Validity Certificate. Compassionate Appointment Is Not a Reservation Benefit, Hence No Need for Caste Validity Certificate Under the Maharashtra Caste Certificate Act, 2000.

The judgment concerns two writ petitions filed by individuals who were appointed on compassionate grounds after the death of their father/mother who w...

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Bombay High Court Dismisses Revision Against Obstructionist Notice in Eviction Execution — Successor-in-Interest Cannot Resist Possession After Tenant's Undertaking to Vacate

The case arises from an eviction suit filed by the original plaintiff (landlord) against the original defendant (tenant) in respect of Room No.8 at Kr...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...