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Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...

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Bombay High Court Dismisses Challenge to SRA Committee's Order on Slum Dweller Eligibility. The Court upheld the High Power Committee's jurisdiction to determine eligibility for rehabilitation under the Slum Rehabilitation Scheme, rejecting the petitioners' claim for inclusion of additional tenants.

The case involves two writ petitions filed by Housing Development and Infrastructure Ltd. and another challenging the order of the High Power Committe...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court of Karnataka Dismisses Employer's Writ Petitions Challenging Industrial Tribunal's Refusal to Transfer Labour Disputes. Allegations of Bias and Inconvenience Not Sufficient to Justify Transfer Under Articles 226 and 227 of the Constitution.

The petitioner, M/s. Pearlite Liners Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging orders da...

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High Court of Karnataka Dismisses Tenants' Revision Petitions in Eviction Cases — Landlord's Bona Fide Requirement for Demolition and Reconstruction Established. Eviction orders under Section 21(1)(h) of the Karnataka Rent Act, 1999 upheld as tenants failed to prove hardship outweighs landlord's need.

The case involves three revision petitions filed by tenants (Vinod G., Dr. Narayuan Waddinnavar, and Meena Pawar) against a common order dated 04.02.2...