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Bombay High Court Allows Writ Petition Challenging Fresh Eviction Proceedings After Earlier Dismissal Attained Finality — Principle of Res Judicata and Estoppel Applied to Bar Second Eviction on Same Grounds Under Section 120C of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

The petitioner, Ashok Bhaurao Sardar, was a tenant of agricultural land owned by respondent no.4, Roopnath Maharaj Sanstha Trust. The Trust initiated ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...

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Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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High Court of Karnataka Quashes Criminal Proceedings in Parallel Litigation Case — Abuse of Process of Law. Filing of Two Parallel Proceedings in Respect of Same Transaction Before Two Different Forums Constitutes Abuse of Process of Law Under Section 482 Cr.P.C.

The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of t...