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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Appellate Court's Finding of Adverse Possession. The court held that the appellants failed to prove title and that the respondents had perfected title by adverse possession over the suit property.

The case involves a Regular Second Appeal filed by the appellants (original plaintiffs) against the judgment and decree of the Senior Civil Judge and ...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The appellant, Sri Shivashankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Negligence Established Under Res Ipsa Loquitur as Live Wire Caused Death of Plumber.

The case involves an appeal by Paschim Gujarat Vij Company Ltd (PGVCL) against a judgment and decree dated 13.11.2006 passed by the 4th Addl. Senior C...

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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...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

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Bombay High Court Hears Section 34 Petition Against Arbitral Award Rejecting Securities Claim on Grounds of Forum Shopping. Petitioners Contend That Regulatory Proceedings Against Clearing Member and Arbitration Against Depository Are Distinct, Allowing Simultaneous Pursuit Under Indemnity Principles.

This matter arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Judicature at Bombay...

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Bombay High Court Allows Landlord's Eviction Suit Under Bombay Rent Act, Stays Execution Till Death of Widow Tenant. Court Holds Landlord's Need for Additional Accommodation Bonafide and Reasonable, Not Requiring Dire Necessity Under Section 13(1)(g) of Bombay Rent Act, 1947.

The petitioner-landlord filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of the lower courts w...