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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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High Court of Karnataka Quashes NDPS Proceedings Against Accused Due to Non-Compliance with Section 42 of NDPS Act. Failure to Record Credible Information in Writing Renders Search Illegal, Entitling Accused to Benefit of Doubt.

The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceeding...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Supreme Court Allows Appeals Against De-Freezing of Bank Accounts in Seizure Case Under Section 102(3) CrPC — Delayed Reporting to Magistrate Does Not Vitiate Seizure Order; Requirement is Directory, Not Mandatory.

The Supreme Court considered appeals by the first informant in Crime No.318 of 2022 against an order of the Madras High Court dated 09.08.2023, which ...

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High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...