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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence — Dog on Road Caused Rider to Fall, Not Vehicle Impact. Claimant's Son Died After Losing Control of Motorcycle While Avoiding a Dog; Insurance Company's Appeal Partly Allowed Reducing Liability by 50%.

The appeal was filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 28.02.201...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves two appeals against conviction for murder, robbery, and causing disappearance of evidence. The deceased, Madan Phatak, went missing ...

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High Court of Karnataka Allows Cross-Objection and Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence of Deceased. Compensation Enhanced from Rs.1,80,000/- to Rs.3,34,000/- with 6% Interest.

The case arises from a motor accident claim petition filed by the parents of a deceased 20-year-old man who died in a road accident on 23-07-2007. The...

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Bombay High Court Dismisses Revision Against Remand in Cross-Case Assault Matter. Appellate Court's Direction to Try Case and Counter Case Together Upheld to Avoid Conflicting Findings Under Section 401 CrPC.

The case involves a criminal revision application filed by Nilesh Nagawade, the original complainant, against the judgment of the Additional Sessions ...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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Karnataka High Court Quashes Proceedings Before Assistant Commissioner in Caste Certificate Dispute Due to Lack of Jurisdiction. The Court Holds that Appeal Under Section 4B is Not Maintainable as Tahsildar Merely Implemented Committee Order, Thus Proceedings are Coram Non-Judice.

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the proceedings before the Assistant Commissi...

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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....