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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 Appeals by NWKRTC in Motor Accident Claims, Upholds Tribunal Awards with Enhanced Compensation. Contributory Negligence of Bus Driver Established, Insurance Company Liable to Pay Compensation with Right to Recover from Owner.

The judgment involves multiple appeals filed by the North-West Karnataka Transport Corporation (NWKRTC) against the awards of the Motor Accidents Clai...

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High Court of Karnataka Considers Lapse of Land Acquisition Under Karnataka Industrial Areas Development Act. Petitioners Claimed Acquisition Lapsed Due to Non-Payment of Compensation and Non-Passing of Award Under Section 24(2) of 2013 Act and Section 11A of 1894 Act.

The matter involved a writ petition under Articles 226 and 227 of the Constitution of India filed by landowners whose agricultural lands in Mahajenaha...

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Bombay High Court Allows Appeal Partly, Enhances Interest Rate in Contractual Dispute Due to Unjustified Withholding of Payment by State. Appellant contractor awarded 9% interest instead of 6% for delayed payment under contract with State of Goa.

The appellant, M/s. DECMAE, a construction firm, filed a suit against the State of Goa and the Executive Engineer, Works Division XVII, for recovery o...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Bombay High Court Overrules Preliminary Objection to Territorial Jurisdiction in Trademark Suit, Holding Section 134(2) of Trade Marks Act, 1999 Confers Additional Forum. Plaintiff Allowed to Sue Where It Carries on Business Even If Cause of Action Arose Elsewhere.

The case arose out of a suit for perpetual injunction filed by Hindustan Unilever Limited (plaintiff) against Ashique Chemicals and others (defendants...

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Bombay High Court Dismisses Appeal by ST Corporation in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs 8,27,600 for Death of Primary Teacher in Bus-Jeep Collision Not Excessive.

The appeal was filed by the Maharashtra State Road Transport Corporation against the judgment and award dated 27-06-2003 passed by the Motor Accident ...