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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

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High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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Bombay High Court Dismisses Revision Against Eviction Decree for Unlawful Subletting and Rent Default. Tenant's Claim of Assignment of Tenancy Rights Fails for Lack of Consent of Landlord and Non-Production of Evidence.

The case involves a civil revision application filed by Ratnadeep Shankar Narkar (Applicant/Defendant No.2) challenging the judgment and decree dated ...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated.

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandk...

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High Court of Madras Considers Challenge to Selection List for Assistant Surgeon (General) Recruitment. Petitioner Alleges Incorrect Evaluation of Exam Answers and Seeks Mandamus to Award Additional Marks.

The writ petition was filed under Article 226 of the Constitution of India by the petitioner, N. Karthika, challenging the provisional selection list ...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Supreme Court Allows Appeal for Enhanced Compensation in Land Acquisition Case — Blue Zone Classification Not Proved by State. Market Value Determined at Rs. 100 per sq. ft. Based on Comparable Awards for Similar Lands Acquired for Same Purpose Under Land Acquisition Act, 1894.

The case pertains to the acquisition of land owned by the appellant, Kazi Akiloddin, for the construction of a flood protection wall in Akola, Maharas...

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Supreme Court Allows Revenue's Appeal in Income Tax Case on Unexplained Investment in Silver Bullion. Section 69A of Income Tax Act, 1961 Applicable Where Assessee Fails to Explain Source of Acquisition of Silver Found in Possession.

The present appeals were filed by the Revenue against the judgment of the Rajasthan High Court which allowed the appeals of the assessee, Prakash Chan...

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Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...