Search Results for "contradictory pleadings"

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

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Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...

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High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...

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Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

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Bombay High Court Dismisses Petition in Property Dispute - Adverse Possession Claim Fails. Petitioner failed to prove continuous possession for 12 years under Limitation Act, 1963.

The case involves a property dispute where the petitioner, Rajaram Rakshe, filed a writ petition against the respondents, who are heirs of Hasan Husse...