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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Allows Writ Petition Challenging Denial of Gratuity Under Payment of Gratuity Act, 1972 — Misconduct of Issuing Lesser Denomination Tickets Does Not Constitute 'Theft, Fraud or Dishonesty' Under Section 4(6)(b).

The petitioner, Vasant B. Bhujbal, was employed as a conductor with the respondent-corporation (a State Transport undertaking) from May 1968. On 29 Au...

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High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale — Alternative Remedy Under Section 17 Held Efficacious. No Interference Under Article 226 in Absence of Fraud or Collusion.

The petitioner, Buniya Devi Chauhan, through her power of attorney holder Dharmendra Shambhunath Chauhan, filed a writ petition under Article 226 of t...

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High Court of Bombay at Goa Allows Section 9 Petition for Interim Relief in Iron Ore Sale Dispute. Petitioner granted injunction restraining respondent from drawing on bank guarantees and ordered to maintain status quo on letter of credit.

The petitioner, M/s. Vedanta Limited (formerly Sesa Sterlite Ltd), a company engaged in extraction, sale and export of iron ore, entered into a Master...

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Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...

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Bombay High Court Adjudicates Challenges to Cancellation of Non-Creamy Layer Certificates. Petitioners Contend Income from Salary of Group C Employees Should Be Excluded Under Office Memoranda of Central Government.

The matter concerned two writ petitions filed under Article 226 of the Constitution of India challenging orders withdrawing Non-Creamy Layer certifica...

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Special Court Tries Accused in Securities Transactions Fraud for Criminal Breach of Trust under IPC. Charges Include Section 409 IPC and Prevention of Corruption Act for Bank Fund Misappropriation and Forgery.

The Central Bureau of Investigation prosecuted R. Dhankumar, S.P. Kamach, and Hiten P. Dalal before the Special Court for Trial of Offences Relating t...