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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Bombay High Court Quashes Criminal Proceedings Against Society Members in Wildlife Act Case — No Prior Sanction Obtained. Proceedings under Sections 9, 39, 44, 49B, 50, 51, 52 of the Wildlife (Protection) Act, 1972 and Section 482 CrPC quashed for lack of mandatory sanction under Section 55 of the Act.

The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ch...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No. 894 of 2020. Claimant awarded Rs. 2,50,000/- for injuries sustained in road accident under Motor Vehicles Act, 1988.

The appellant-claimant, Sri Milind Kunale, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award da...

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High Court of Karnataka Quashes Tender Cancellation in Sandranol Procurement Dispute — Violation of Natural Justice and Arbitrary Action. Tender Cancellation Order Set Aside as Issued Without Show Cause Notice and Based on Unsubstantiated Allegations of Price Manipulation.

The petitioner, M/s. Bannari Constructions, a distributor of perfumeries including Sandranol, challenged the cancellation of a tender floated by Karna...

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Bombay High Court Allows Scheme of Amalgamation Without Physical Meeting in Exceptional Circumstances. Section 110 of Companies Act, 2013 Does Not Eliminate Requirement of Meeting Under Section 391 of Companies Act, 1956 for Scheme Approval.

The judgment addresses a Company Summons for Direction filed by Godrej Industries Limited (GIL) seeking approval of a Scheme of Amalgamation with Wada...

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Bombay High Court Grants Interim Injunction Under Section 9 of Arbitration Act to Prevent Payment to Contractor Pending Arbitration — Share Subscription Agreement and Concession Agreement Form Composite Transaction

The petitioner, Welspun Enterprises Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an interim injunc...