Search Results for "Disputed Claims"

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Karnataka High Court Adjudicates Regular Second Appeals Involving Dispute Over Joint Family Property, Adoption, and Will. The LRs of Second Wife Challenge Decrees Dismissing Her Claim of Sole Ownership and Upholding Adoption of Shettygowda under Hindu Law.

The judgment concerns three Regular Second Appeals (RSA) filed under Section 100 of the Code of Civil Procedure, 1908, arising from decrees in three o...

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High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

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Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

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High Court of Bombay at Goa Dismisses Appeal Against Refusal to Initiate Criminal Complaint for Alleged Offences Under IPC. Court holds that mere filing of civil suit and criminal complaint does not warrant initiation of proceedings under Section 340 CrPC without prima facie satisfaction of offence.

The appellant, Arun Kumar Sharma, filed a criminal appeal under Section 341 of the Code of Criminal Procedure, 1973, challenging the judgment and orde...

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High Court of Karnataka Delivers Judgment in Appeals Against Acquittal in Kidnapping and Murder Case. Evidence of Sole Eyewitness and Medical Evidence Required Re-appreciation in Light of Trial Court's Findings.

The High Court of Karnataka, Dharwad Bench, heard two criminal appeals against the acquittal of six accused persons by the Trial Court in a case of al...

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High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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Bombay High Court Upholds Conviction of Police Constable for Murder Under Section 302 IPC — Fatal Shooting with Service Rifle. Circumstantial Evidence Including Motive, Last Seen, and Forensic Links Sufficient to Sustain Conviction.

The appellant, Rameshwar Makode, a police constable, was convicted under Section 302 IPC for the murder of Israil Khan by firing his service rifle. Th...