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High Court Allows Appeal in Partition Suit Due to Non-Joinder of Necessary Party — Remands for Fresh Trial on Merits. The appellant's name in revenue record made him a necessary party; decree passed in his absence was patently illegal.

The appellant, a third party, filed an appeal against the judgment and decree in Regular Civil Appeal No.201 of 2015, which had affirmed the decree in...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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High Court of Karnataka Reviews Maintainability of Claim Under Section 163A of Motor Vehicles Act, 1988 in Cross Appeals Arising from Fatal Accident. Claim by Legal Heirs of Deceased Driver Who Borrowed Vehicle and Died Without Involvement of Another Vehicle Is Under Scrutiny.

The judgment involves two appeals arising from the same motor accident dated 20.09.2006. An auto rickshaw driven by Ramesh Babu, in which Murali was a...

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Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963.

The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the jud...

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Gujarat High Court Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...