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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

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Karnataka High Court Dismisses Appeal in Partition Suit — Muslim Personal Law Overrides Karnataka Stamp Act. Settlement Deed Among Muslim Parties Not Required to Be Stamped Under Article 48 of Karnataka Stamp Act, 1957.

The case involves a partition suit filed by the respondents (daughters and widow of late T.A. Abdul Jabbar) against the appellants (sons of late T.A. ...

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High Court of Karnataka Dismisses Landlord's Writ Petition Challenging Rejection of Interim Deposit Application in Rent Suit. Inherent Powers Under Section 151 CPC Cannot Be Used to Direct Deposit of Rent When No Specific Provision Applies and Suit Governed by Transfer of Property Act.

The petitioner, Smt. B V Nagakannika, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 28.3.2016 passed...

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High Court of Karnataka Quashes Clarification and Declares CGST Rule 31A(3) Ultra Vires in Favor of Turf Clubs. GST Liability on Betting Amount Limited to Commission Retained, Not Entire Totalisator Collection, Under CGST Act, 2017.

The two writ petitions were filed by Bangalore Turf Club Limited and Mysore Race Club Limited, companies conducting horse racing and facilitating bett...

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Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Testamentary Succession of Tenancy Rights Upheld. Civil Court Findings on Tenancy and Succession Are Binding on Land Tribunal Under Section 48-A of the Karnataka Land Reforms Act, 1961.

The case involves a long-standing dispute over agricultural land in Bilagi Village, Karnataka, spanning over half a century. The appellant, Kanna Timm...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...