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High Court of Karnataka Dismisses Writ Petition Challenging Municipal Orders Due to Delay and Laches. Petitioner sought quashing of orders dated 25.11.2000 and 02.09.2002 after 16 years, held not maintainable.

The petitioner, Sri Hanmanthappa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Ka...

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High Court of Karnataka Allows Release of Passport to Accused in Criminal Case on Conditions — Passport Seized During Investigation Cannot Be Detained Indefinitely; Right to Travel and Livelihood Must Be Balanced Against Investigation Needs

The petitioner, accused No.2 in Crime No.214/2013 registered at Udupi Town Police Station for offences under Sections 406, 468, 471, 420 read with 34 ...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

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Bombay High Court Dismisses Petition Challenging Belated Production of Power of Attorney in Civil Suit. Foundational Pleadings Not Required at Production Stage; Trial Court's Discretion Upheld with Costs.

The petitioners, legal heirs of the original deceased defendant no.1 in Special Civil Suit No.222/2009, challenged the trial court's order dated 29.07...

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Bombay High Court Upholds Discharge of Railway Official in Fabrication Case for Lack of Sanction Under Section 197 CrPC. Complainant's Private Complaint for Offences Under Sections 193 and 204 IPC Fails as Accused Was a Public Servant Acting in Discharge of Official Duty.

The applicant, Shailesh Kulkarni, was a railway contractor who had disputes with the railway authorities. During arbitration proceedings, a document w...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...