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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Supreme Court Dismisses Appeal in Co-owner Property Dispute, Holds Sale of Undivided Joint Property Without Partition Invalid as to Other Co-owners' Shares. Brij Mohan's Transfer of Entire Property to Appellant Void Except to Extent of His Own Share Under Section 44 of Transfer of Property Act, 1882.

The dispute concerns a property measuring about 6 cottahs 1 chittack and 30 sq. ft. with 17 rooms at 100/3 Carry Road, Howrah. The property was purcha...

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Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882.

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to ...

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INTERIM APPLICATION (L) NO. 25700 OF 2025

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High Court Dismisses Housing Society's Petition Challenging Membership Admission Under Maharashtra Co-operative Societies Act, 1960 -- Court Upholds Revisional Authority's Order Directing Admission of Respondent as Society Member

The petitioner housing society challenged orders under Maharashtra Co-operative Societies Act, 1960 directing admission of respondent no. 1 as member ...

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KAHC010034632013_1

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