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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Trial and First Appellate Court Upheld. Agreement of Sale Proved by Plaintiff, Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Proximate Link Between Alleged Outrage of Modesty and Suicide. The court held that the dying declaration did not support the prosecution case and there was no evidence of instigation under Section 306 IPC.

The appellant, Sanjay Dahake, was convicted by the 2nd Adhoc Additional Sessions Judge, Chandrapur, for offences under Sections 306, 354 and 448 of th...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...

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High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...