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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property.

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated ...

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High Court of Karnataka Directs Revenue Authorities to Process Phodi Applications Without NOC from KIADB for Land Granted in 1939-40. The court held that KIADB has no jurisdiction over grants made prior to its establishment, and thus authorities cannot insist on NOC from KIADB for phodi.

The petitioners, claiming to be owners of 5 acres of land in Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District, ...

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Supreme Court Allows Appeal in Arbitration Dispute Over Incorporation of Arbitration Clause by Reference. Clause 14 of Permanent Alternate Accommodation Agreements Clearly Intended to Incorporate Entire Development Agreement Including Arbitration Clause.

The Supreme Court allowed appeals against a Bombay High Court order that had dismissed applications under Section 11 of the Arbitration and Conciliati...

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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit. Defendant's marks 'Ultraplus Cement', 'Ultra HiTouch', and 'UltraPower' held deceptively similar to registered 'UltraTech' marks under Section 29 of the Trade Marks Act, 1999.

The plaintiffs, UltraTech Cement Limited and another, filed a commercial IP suit seeking a permanent injunction to restrain the defendant, M/s. Shiv C...