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Bombay High Court Dismisses Pre-Detention Challenge to COFEPOSA Order Filed by Wife of Proposed Detenu. Court holds that a pre-detention petition is not maintainable as the detention order had not been served and the detenu was not in custody.

The petitioner, Smt. Shanta Prakash Shewale, wife of Prakash Pandurang Shewale, filed a writ petition in the Bombay High Court challenging a detention...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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High Court of Karnataka Quashes Executing Court Order in Arbitration Award Execution — Stamp Duty Payable Under Article 5(c) Not Article 11(b) of Karnataka Stamp Act, 1957. Arbitral award directing sale of property is a certificate of sale, not a bond, for stamp duty purposes.

The petitioner, Sri Dilli Babu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23/8/2014 pas...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Partition and Separate Possession of Half Share in Joint Family Properties Dismissed as Appellant Failed to Prove Substantial Question of Law.

The respondent-plaintiff filed a suit for partition and separate possession of her half share in the suit schedule properties against the appellant-de...

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Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...