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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 Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

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COMMERCIAL APPEAL NO. 371 OF 2019

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High Court of Karnataka Upholds Rejection of Plaint in Civil Suit for Improper Valuation and Court Fee — Trial Court's Order Under Order VII Rule 11 CPC Affirmed. Non-Compliance with Valuation and Court Fee Requirements Leads to Dismissal of Writ Petition Under Article 227.

The petitioners, Dr. Narasimhalu Nandini Memorial Education Trust and its Managing Trustee Dr. Mahalinga B., filed a writ petition under Article 227 o...

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High Court of Karnataka Dismisses Appeal Against Money Recovery Decree, Upholds Use of Photocopy Agreement as Secondary Evidence. Where Defendant Took Original Agreement to Procure Signatures and Did Not Return It, Photocopy Held Admissible Under Section 65, Indian Evidence Act, 1872.

The appeal arose from a suit for recovery of money decreed by the trial court. The plaintiff alleged that the defendants, representing themselves as o...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Testamentary Succession of Tenancy Rights Upheld. Civil Court Findings on Tenancy and Succession Are Binding on Land Tribunal Under Section 48-A of the Karnataka Land Reforms Act, 1961.

The case involves a long-standing dispute over agricultural land in Bilagi Village, Karnataka, spanning over half a century. The appellant, Kanna Timm...

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Bombay High Court Dismisses Appeals in Property Dispute Involving Will and Gift Deed Validity. Court upholds trial court's finding that the gift deed was not vitiated by undue influence and that the will was validly executed.

The case involves two appeals filed by Nina Agarwalla against Ashok Gupta and others. The dispute pertains to the validity of a gift deed and a will e...

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Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...