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High Court of Karnataka Allows Appeal Against Ex Parte Probate Order for Non-Joinder of Necessary Party and Lack of Citation. Order Set Aside for Violation of Natural Justice Under Section 299 of Indian Succession Act, 1925.

The appellant, S.P. Sreenivas Naik, filed an appeal under Section 299 of the Indian Succession Act, 1925, challenging the order dated 20.09.2016 passe...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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High Court of Bombay Examines Legality of Registered Sale Deed Lacking Vendor's Signature at Designated Place in Second Appeal. The appeal raises substantial questions of law regarding proof of execution and limitation where the vendor's signature was absent at the execution place but present elsewhere.

The appellant filed a second appeal challenging the appellate court's reversal of the trial court's dismissal of a suit for cancellation of a register...

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Supreme Court Allows Appeal in Property Dispute, Restores Concurrent Findings of Courts Below. High Court Erred in Shifting Burden of Proof Without Pleadings on Pardanasheen Status.

The Supreme Court allowed the appeal against the High Court's judgment which had set aside concurrent findings of the trial court and first appellate ...

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High Court of Bombay at Goa Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute. Allegations of Cheating and Criminal Breach of Trust Under Sections 406, 420 IPC Read with Section 34 IPC Quashed as Dispute Pertains to Breach of Contract, Not Criminal Offence.

The petitioners, Eng. Sheldon S. Martins and Neesha Varela, filed Criminal Writ Petitions under Articles 226 and 227 of the Constitution of India and ...

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Bombay High Court Dismisses Appeal Seeking Discharge from Undertaking in Consent Terms — Undertaking Given in Consent Terms Cannot Be Modified Unilaterally Without Proof of Fraud or Mistake.

The appeal arises from a judgment and order of the learned Single Judge dated 27 June 2011, dismissing a Notice of Motion taken out by the Appellants ...

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Bombay High Court Allows Appeal Against Refusal of Interim Injunction in Specific Performance Suit — Agreement Holder with Substantial Payment and Possession Entitled to Protection. Prima Facie Case Established Under Order 39 Rules 1 and 2 CPC for Injunction to Maintain Status Quo Pending Trial.

The appellant, M/s. Heera Laxmi Contractors Pvt. Ltd., filed a suit for specific performance of an agreement to sell agricultural land and for permane...

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High Court of Karnataka Dismisses Appeal Against Revocation of Probate in Succession Case — Failure to Implead All Heirs Renders Probate Voidable Under Section 263 of Indian Succession Act, 1925.

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...