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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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Bombay High Court Allows Writ Petition Challenging Termination of Employee by MSRTC — Violation of Section 25-F of Industrial Disputes Act, 1947. Termination without notice or compensation held illegal and set aside.

The petitioner, M.A. Azim, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) from 3 June 1968 and was promoted to ...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Bombay High Court Dismisses Petition Challenging Selection of Reader in Ayurvedic College — Selection Process Not Vitiated by Alleged Bias or Procedural Irregularities. Petitioner Failed to Prove Bias or Mala Fides in Selection Under Maharashtra Universities Act, 1994.

The petitioner, Dr. Rajeshkumar Prakashchandra Gupta, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the ju...

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. The court held that the appellants failed to prove adverse possession and the suit for partition was within limitation under Article 65 of the Limitation Act, 1963.

The case pertains to a second appeal filed by the defendants against the concurrent decrees of the trial court and the first appellate court in a suit...

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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

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FIRST APPEAL NO.514 OF 2014

The appeal arose from a suit dismissed by the trial court for mandatory injunction seeking execution of an agreement for sale of a flat under the Maha...