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High Court Quashes Criminal Case Against Police Officers for Lack of Sanction Under Section 197 CrPC and Insufficient Medical Evidence in Alleged Police Atrocities Case Under IPC Sections 323 and 326

The High Court allowed the criminal application filed by two police officers seeking to quash criminal proceedings and an order issuing process agains...

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NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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Madras High Court Allows Second Appeal in Partition Suit — Settlement Deed by Mother Without Legal Necessity Not Binding on Joint Family Property. Property Purchased by Father in Mother's Name Presumed to be Joint Family Property Under Hindu Law.

The plaintiffs, legal heirs of M.Annaiah, filed a suit for partition of three items of property and for declaration that a Settlement Deed dated 28.04...

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SECOND APPEAL NO. 708 OF 2008

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956.

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his ad...