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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Karnataka High Court Allows Daughters' Partition Appeal Against Father in Hindu Joint Family Property Dispute. Daughters Held Entitled to Share as Coparceners Under Section 6 of Hindu Succession Act, 1956 as Amended by Act 39 of 2005.

The appellants, R. Sandhya and R. Swetha, daughters of S.R. Raju, filed a suit for partition and separate possession of their 1/3 share each in the sc...

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

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Bombay High Court Upholds Sale of Coparcenary Property by Karta for Legal Necessity in Partition Suit. Sale by father for antecedent debt and legal necessity is binding on sons under Hindu law, and purchaser's title is protected.

The case involves a second appeal filed by the original plaintiffs (sons and wife of defendant No.1) against the judgment of the Additional District J...

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Gujarat High Court Confirms Death Sentence for Rape and Murder of 9-Year-Old Child Under POCSO Act and IPC. The court held that the case falls within the 'rarest of rare' category due to the brutal nature of the crime and the vulnerability of the victim.

The case involves the confirmation of a death sentence awarded to the appellant, Pradip Rajesh Rajkumar Gupta, by the Additional Sessions Court at Val...

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession.

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect ...