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Bombay High Court Allows Second Appeal in Hindu Succession Act Case — Section 23 Amendment Not Retrospective. Lower Appellate Court erred in applying 2005 amendment to partition suit filed before amendment, shares to be determined under pre-amendment law.

This second appeal arises from a judgment dated 29/7/2009 passed by the learned District Judge-I, Pandharkawda in Regular Civil Appeal No.69/2004. The...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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High Court of Karnataka Allows Appeals in Succession Dispute Over Joint Family Property — Restrains Alienation of Agricultural Land Pending Suit. The court held that plaintiffs, as Class I heirs, had a prima facie case for partition and injunction under Order 39 Rules 1 and 2 CPC.

The case involves a family dispute over agricultural land and other properties left by the deceased B.M. Raghothama Rao. The plaintiffs, comprising hi...

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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...