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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Trial and First Appellate Court Upheld. Agreement of Sale Proved by Plaintiff, Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments...

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High Court of Karnataka Declares Police Interference in Gold Loan Business Arbitrary and Violative of Fundamental Rights. Writ of Mandamus Issued Restraining Police from Seizing Pledged Gold Articles, Allowing Only Examination by Summoning.

The petitioner, Muthoot Finance Limited, a company incorporated under the Companies Act, 1956, engaged in the business of gold loans, filed a writ pet...

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High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Fastens Liability on Insurer Despite Owner's Breach of Policy Conditions. Claimants entitled to compensation from insurer as third-party rights are protected under Section 149 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of the deceased Narasimhaiah, who died in a motor vehicle accident on 08.02.2016. The cla...

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High Court of Karnataka Enhances Compensation for Tempo Accident Victim — Owner Held Liable Despite Insurance Exclusion. Coolie Injured in Rash Driving Awarded Rs. 3,00,000/- Under Motor Vehicles Act, 1988.

The appellant, Munikrishna Murthy, was a coolie traveling in a tempo bearing registration No.KA-04/B-622 owned by respondent No.1 (Abraham) on 2.3.200...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Incorrect Income Assessment and Inadequate Conventional Heads. Income Tax Returns Held Reliable for Assessing Deceased's Income Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 04.09.2019 passed by the Motor Accident Claims Tribunal (Aux), Bhuj-Kachchh, in MACP No.392/2009. Th...

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Bombay High Court Allows Petition Challenging Rejection of Application to Reject Plaint in Suit for Specific Performance. Suit for specific performance of agreement for sale filed after ten years from the stipulated date of performance is barred by limitation under Article 54 of Limitation Act, 1963.

The petitioners, who were defendants in a suit for specific performance, challenged an order of the City Civil Court, Mumbai, which rejected their app...

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High Court of Karnataka Dismisses Winding-Up Petition in Company Dispute Over Disputed Debt Under Sections 433(e) and (f) of Companies Act, 1956. Arbitral Award Debt of Rs.15 Lakh Contested on Grounds of Bona Fide Defence and Set-Off, Held Not Sufficient for Winding Up.

The petitioner, Nuziveedu Seeds Private Limited (now NSL Renewable Power Private Limited), filed a company petition under Sections 433(e) and (f) read...