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High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

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Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Paschim Gujarat Vij Company Ltd. held liable for death due to high voltage in support wire of electric pole, affirming strict liability and compensation of Rs.6,30,000.

The case arises from an incident on 24 November 1993, when Deepakkumar J. Bhatt, while participating in a religious ceremony (Tulsi Vivah) in Village ...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Allows Second Appeal in Property Suit — Finds Concurrent Findings of Courts Below Suffer from Material Irregularity and Perversity. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The present second appeal arises from a suit for declaration of ownership and permanent injunction filed by the respondents (original plaintiffs) agai...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Bombay High Court Dismisses Petitions Challenging CBI Investigation in Bhima Koregaon Case — Sanction Under Section 197 CrPC Not Required for CBI Officers. CBI Investigation Valid Under DSPE Act as Section 6A Struck Down by Supreme Court.

The judgment concerns four writ petitions filed by individuals (Anant Pandurang Kale, Ashwini Kshirsagar, Naveen Kumar Rai and Siraj Razzak Bagwan, Pa...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...