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High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

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High Court of Karnataka Dismisses State Appeals in Land Acquisition Case — Upholds Compensation Enhancement for Acquired Land. Court holds that belated acquisition proceedings and failure to pay compensation within five years render acquisition lapsed under Section 11A of the Land Acquisition Act, 1894.

The case involves a batch of writ appeals filed by the State of Karnataka and its authorities against the judgment of a learned Single Judge in land a...

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Madras High Court Allows Second Appeal in Specific Performance Suit — Sets Aside First Appellate Court's Decree Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant/defendant, Thailammal, was the owner of the suit property. The respondent/plaintiff, Kalaivendan, filed a suit for specific performance ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Land Procurement Dispute — Refund of Rs.91 Lakhs Upheld as Petitioner Failed to Prove Land Procurement Under MOU.

The petitioner, Manvel Tuscano, sole proprietor of M/s. Manvel Land Empire, and the respondent, DLF Limited, a real estate developer, entered into a m...

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Madras High Court Dismisses Petitions Challenging Package Tendering System for Road Works. Policy Decision to Reintroduce Package System Upheld as Valid Executive Action Under Article 226 of Constitution of India.

The case involves a batch of writ petitions filed by individual contractors challenging the Government Order G.O.(Ms) No.162, Highways & Minor Ports (...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Concurrent Findings of Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The present criminal revision petition was filed under Section 397 of the Code of Criminal Procedure, 1973, challenging the concurrent findings of con...