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High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

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High Court Quashes Cognizance Order in Air Pollution Case Due to Lack of Sanction — Prosecution under Air (Prevention and Control of Pollution) Act, 1981 Requires Prior Sanction Under Section 43 for Board Complaints Filed Without Authorization.

The petitioner, Sri B.V. Byregowda, proprietor of M/s Chennakeshava Stone Crushers, filed a criminal petition under Section 482 of the Code of Crimina...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Execution Petition Due to Mistake of Court — Decree Holders Not to Suffer for Court's Error. Mistake of Court Should Not Prejudice Litigant Under Section 47 CPC and Order 21 Rule 17 CPC.

The petitioners, decree holders in a civil suit for specific performance of four agreements to sell, obtained a decree on 12.04.1994 against the respo...

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Gujarat High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Being Time-Barred. TOLA Extension Cannot Revive Expired Limitation Period for AY 2016-2017.

The petitioner, Amrita Aditya Shah, filed a petition under Article 226 of the Constitution of India challenging a notice dated 28.07.2022 issued under...

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Bombay High Court Directs Registration of Document Despite Pending Stamp Duty Adjudication — Period of Adjudication Excluded for Limitation Under Section 23 of Registration Act. Sub-Registrar Cannot Refuse Registration on Ground of Pending Adjudication Under Section 31 of Maharashtra Stamp Act.

The petitioner, Snehanjali Electronics and Trading Private Limited, filed a writ petition seeking a direction to the Sub-Registrar, Andheri I (Respond...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title Over Suit Property.

The case involves a property dispute between two branches of the same family. The appellants (original plaintiffs) filed a suit for declaration of own...

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High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

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High Court of Karnataka Hears Consolidated Writ Petitions Challenging Forest Development Tax Notification Under Karnataka Forest Act. Petitioners Contended That the Levy on Mineral-Bearing Land Violated Article 246, Entry 54 of Union List, and Forest Conservation Act, 1980.

The High Court of Karnataka, Bengaluru, heard a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India by several minin...

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High Court of Karnataka Examines Validity of Notification Imposing Forest Development Tax under Karnataka Forest Act, 1963 — Multiple Mining Companies Challenge the Levy as Ultra Vires the Constitution and Forest Laws.

The matter involved a batch of writ petitions filed before the High Court of Karnataka by various mining companies, individuals, and an industry assoc...