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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Bombay High Court Grants Bail to Accused in Bhima Koregaon-Elgar Parishad Case Under UAP Act. Prolonged Incarceration Without Trial Violates Article 21 and Entitles Accused to Bail Despite Section 43D(5) Bar.

The appellant, Hany Babu, a professor and academic, was arrested on 28 July 2020 in connection with FIR No. 1 of 2020 registered by the National Inves...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

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High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

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Bombay High Court Acquits Appellant in POCSO and Rape Case Due to Inconsistent Victim Testimony and Lack of Corroboration. Conviction under Sections 363, 376, 504, 506 IPC and Sections 3(a)/4, 5(i),(j)(ii),(l)/6 POCSO Act set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Sameer Shashikant Jadhav, was convicted by the Additional Sessions Judge, Ratnagiri, in Special Case No.19/2018 for offences under Sect...

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High Court of Karnataka Dismisses Appeal in Partition Suit for Lack of Proof of Joint Family Property. Court holds that the burden to prove that property is joint family property lies on the party asserting it, and mere joint family status does not create a presumption.

The case involves a partition suit filed by the appellants (plaintiffs) claiming that the suit schedule properties are joint family properties of the ...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Landlord-Tenant Dispute. Concurrent findings of default in payment of rent and subletting without consent upheld under Section 108 of the Transfer of Property Act, 1882 and Order 20 Rule 12 CPC.

The petitioners, Orbit Super Market Private Limited and the legal heirs of Dr. Shrikant Jichkar, challenged concurrent orders of the trial court and a...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Suit for Declaration and Partition — Judgment Details Not Fully Extracted. The appeal challenges trial court's rejection of plaintiffs' claim of ownership and alternative partition.

Background: The dispute involved family members over properties standing in the name of the first defendant, Smt. N. Narasamma, who is the mother of t...