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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The app...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Courts Below Upheld. Plaintiff Failed to Prove Title Over Suit Schedule Property Through Maternal Grandfather.

The appellant, Gangappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments of...

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Supreme Court Upholds BIADA's Right to Recover Unearned Increase Based on Circle Rate in Industrial Land Transfers. Authority Entitled to Fair Share of Appreciation When Allottee Transfers Leasehold Rights for Commercial Gain.

The Supreme Court of India heard four civil appeals arising from orders of the Patna High Court concerning the calculation of unearned increase payabl...

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Bombay High Court Dismisses Wife's Transfer Petition Under Section 24 CPC Seeking Transfer of DV Act Case to Family Court — Metropolitan Magistrate Not Subordinate to High Court Under CPC. Transfer Under Article 227 Also Denied as Proceedings Were at Advanced Stage and No Prejudice Shown.

The applicant wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, and also invoked Article 227 of the ...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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High Court of Karnataka Dismisses Tenants' Revision Petitions in Eviction Cases — Landlord's Bona Fide Requirement for Demolition and Reconstruction Established. Eviction orders under Section 21(1)(h) of the Karnataka Rent Act, 1999 upheld as tenants failed to prove hardship outweighs landlord's need.

The case involves three revision petitions filed by tenants (Vinod G., Dr. Narayuan Waddinnavar, and Meena Pawar) against a common order dated 04.02.2...

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Bombay High Court Quashes Conciliation Officer's Order Closing Proceeding Based on Consent Terms. Court Holds That Without Express Settlement of Entire Dispute, Conciliation Must Continue Under Industrial Disputes Act, 1947.

The writ petition arose from a decision of the Assistant Commissioner of Labour (Conciliation), Mumbai, who by order dated 2nd July 2005 closed concil...

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...