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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

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

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of the firs...

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Madras High Court Considers Section 11(6) Petition for Appointment of Arbitrator Despite Respondent's Limitation and Notice Validity Objections. Dispute Arises from Water Supply Agreement Dated 25.07.2013 Containing an Arbitration Clause.

The petitioner, a company engaged in supplying desalinized water, entered into a water supply agreement dated 25.07.2013 with the respondent. A disput...

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Supreme Court Dismisses Assessee's Appeal in Income Tax Case — Revised Return Barred by Limitation Under Section 139(5) of Income Tax Act, 1961. Assessing Officer Cannot Entertain Claim Made After Expiry of Time for Filing Revised Return.

The appellant-assessee, M/s. Shriram Investments, filed a return of income on 19 November 1989 for the assessment year 1989-90 under the Income Tax Ac...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Bombay High Court Upholds Rejection of Plaint in Recovery Suit as Time-Barred Under Order VII Rule 11 CPC. Claim for Damages for Short Delivery of Goods Filed Beyond Three-Year Limitation Period Under Article 11 of Limitation Act, 1963.

The appeal was filed by Reliance Industries Limited against the order of the Civil Judge, Senior Division, Panvel, dated 21/3/1998, rejecting the plai...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right.

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitutio...

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Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...