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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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Bombay High Court Quashes Recovery Certificate in Cooperative Loan Dispute for Lack of Reasoned Order. Rule 86F of Maharashtra Cooperative Societies Rules, 1961 Mandates Speaking Order Before Issuance of Certificate; Revisional Authority's Dismissal Without Considering Written Arguments Set Aside.

The petitioner, Balasaheb Dhondiram Nikam, a pensioner, challenged a recovery notice dated 25 July 2011 issued under Section 101 of the Maharashtra Co...

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Madras High Court Dismisses Writ Appeal in Co-operative Society Disciplinary Case — Upholds Punishment of Stoppage of Increment with Cumulative Effect. Appellant's Admission of Charges and Proper Enquiry Justify Penalty Under Discipline and Appeal Rules.

The appellant, P. Thiyagarajan, was a Special Officer in a Co-operative Society. A charge memo dated 24.06.2005 was issued by the Deputy Registrar all...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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Supreme Court Allows Appeals Against High Court Order Restoring DRO's Cancellation of Patta in Favour of WSIL. Land Acquisition by State Vests Title Absolutely, DRO Cannot Adjudicate Title in Summary Proceedings.

The Supreme Court considered appeals against a Division Bench judgment of the Madras High Court that had restored an order of the District Revenue Off...