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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

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High Court of Karnataka Quashes Rejection of Compassionate Appointment Claim for Widow of Deceased Employee — Holds That Compassionate Appointment Is Not a Matter of Right but Must Be Considered in Accordance with Existing Scheme and Rules

The petitioner, Saroja W/o Ganeshrao N. Kondai, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of...

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Bombay High Court Allows Compassionate Appointment to Son Born from Second Marriage Despite Invalidity Under Hindu Marriage Act. Section 16 of Hindu Marriage Act, 1955 Deems Child Legitimate, Entitling Him to Compassionate Appointment.

The petitioner, Yuvraj Dajee Khadake, sought compassionate appointment after his father, an employee of the Central Railway, died in harness on 12 Aug...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Sets Aside Award Due to Lack of Negligence Evidence. Claimants Failed to Prove Rash and Negligent Driving by Truck Driver; No Liability on Insurer Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against an award of the Motor Accident Claims Tribunal, North Goa, Mapusa, which allowed a compensation peti...

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Bombay High Court Dismisses Appeal by Daughter Claiming Prior Partition, Upholds Sale Deed Executed by Widow in Favour of Other Daughter. Widow's Absolute Ownership Under Section 14(1) of Hindu Succession Act, 1956 Validly Transferred Title to Purchaser Daughter.

The dispute concerns agricultural land and a house originally owned by Eknath, who died in 1953 leaving behind his widow Salubai and two daughters, Ch...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Claim. Appellants failed to prove hostile possession and ouster of co-owners, and concurrent findings of courts below were not perverse.

The case involves a property dispute between the appellants (legal heirs of Govind Baboni Gaonkar and Soku Govind Gaonkar) and the respondents (legal ...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...