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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

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Bombay High Court Allows Second Appeal in Property Injunction Case Due to Hearsay Evidence and Inconsistent Pleadings. Power of Attorney Holder's Testimony Based on Information from Father Held Inadmissible, and Decree for Injunction Cannot Be Granted When Plaintiff Failed to Prove Part of the Property.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants (defendants) challenged the j...

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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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Bombay High Court Denies Right of Audience to Power of Attorney Holder in Civil Appeal. Recognized Agent Under Order 3 CPC Cannot Plead; Only Enrolled Advocates Have Right of Audience Under Advocates Act, 1961.

The case arose from a civil appeal (CAZ No. 93 of 2011) in the High Court of Bombay, Nagpur Bench, where the appellant, Mrs. Varsha A. Maheshwari, pro...

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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

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Karnataka High Court Considers Appeal and Cross-Objection Against Trial Court's Dismissal of Suit for Declaration of Title and Possession. Trial Court Dismissed Suit on Grounds That Plaintiffs Failed to Prove Genealogical Link and Revenue Entries Do Not Establish Title.

The matter arose out of a suit for declaration of title and recovery of possession filed by the legal heirs of late Venkategowda and Smt. Honamma, cla...

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Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...