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High Court of Karnataka Quashes Blanket Prohibitory Order Under Section 144 CrPC in Bengaluru, Holds It Violative of Articles 19(1)(a) and 19(1)(b); Order Cancelling Protest Permissions Against CAA Struck Down as District Magistrate Failed to Apply Mind and Provide Material Facts.

The High Court of Karnataka heard a batch of writ petitions challenging an order dated 18 December 2019 issued by the District Magistrate-cum-Commissi...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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Supreme Court Strikes Down Section 13(2) of Chhattisgarh Rent Control Act as Ultra Vires — State Legislature Cannot Confer Direct Appeal to Supreme Court. The provision bypassing High Court jurisdiction is invalid for lack of legislative competence under the Constitution.

The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supre...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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High Court of Karnataka Dismisses Review Petition in Club Licence Dispute — No Error Apparent on Record. Review sought against order requiring club to obtain licence under Section 176 of Karnataka Police Act, 1963; court held that review is not an appeal and no ground for review exists.

The petitioner, D.V.R.Recreation Club (a unit of Janege Green Gardens Private Limited), filed a review petition under Section 114 read with Order 47 R...

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Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator for Partnership Dispute. Court finds existence of arbitration clause in partnership deed and refers parties to arbitration despite dispute over dissolution.

The applicant, Mr. Palwinder Singh Samra, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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Bombay High Court Considers Confirmation of Death Sentence in POCSO and Murder Case. The Trial Court Convicted the Accused for Rape and Murder of his Minor Daughter, Imposing Death Sentence Requiring High Court Confirmation under Section 366(1) of the Code of Criminal Procedure, 1973.

The case arose from Crime No. 634 of 2022 registered at Police Station Kalamna, Nagpur, initially for offences under Sections 305, 306, 376 of the Ind...