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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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High Court of Karnataka Quashes POCSO and IPC Proceedings Against Accused No.5 Due to Lack of Prima Facie Evidence of Sexual Assault or Abetment. Mere Presence Without Active Participation Does Not Constitute Abetment Under Section 114 IPC or Section 17 POCSO Act.

The petitioner, Prasad A.A., Accused No.5 in Spl.C.C.No.5025/2019, filed a petition under Section 482 CrPC seeking quashing of proceedings for offence...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. 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 second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...