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High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

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Supreme Court Dismisses Partition Suit for Lack of Proof of Marriage and Paternity. High Court's Reversal of Concurrent Findings Upheld as Findings Were Perverse and Based on Inadequate Evidence.

The appellant/plaintiff filed a suit for partition and separate possession claiming to be the son of respondent no. 1/defendant no. 1 from his marriag...

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Supreme Court Allows Discharge of Appellant in Custodial Death Case Due to Lack of Prosecution Materials Under Section 227 CrPC. Court Held That at the Stage of Framing of Charge, Only Prosecution Documents Can Be Considered and No Incriminating Material Existed Against the Appellant.

The appellant, owner of Goodwill Enterprises, had lodged an FIR (Crime No.351/1993) alleging robbery of business proceeds from his cashier Ram Kishore...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death but Grants Probation to Young Offender. Concurrent findings of guilt under Section 304-A IPC and Motor Vehicles Act not perverse; benefit of Probation of Offenders Act extended considering age and first-time offence.

The petitioner, who was 18 years old at the time of the incident, was convicted by the Judicial Magistrate First Class, Aurangabad, for offences under...

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Supreme Court Dismisses Writ Petition in University Appointment Case Due to Non-Binding UGC Regulations. Appointment of Vice Chancellor Upheld as Sardar Patel University Act, 1955 Does Not Prescribe Qualifications and State Has Not Adopted UGC Regulations Through Legislation.

The dispute involved a writ petition under Article 32 of the Constitution challenging the appointment of respondent No.4 as Vice Chancellor of Sardar ...

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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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Supreme Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Record. Review petition against dismissal of SLP challenging concurrent decrees for specific performance of contract dismissed for lack of merit.

The case pertains to a suit for specific performance of contract decreed by the Trial Court, which was affirmed by the lower appellate court. The High...