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Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

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Supreme Court Upholds Revenue in Estate Duty Act Case Regarding Passing of Interest in Trust Shares. Beneficial Interest in Shares Held to Pass on Death of Minor Beneficiary Before Attaining Entitlement Age Under Sections 5 and 2(15) of Estate Duty Act, 1953.

The matter arose from a reference under the Estate Duty Act, 1953, concerning the estate of a beneficiary who died a minor. A deed of trust had settle...

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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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Bombay High Court Quashes FIR Against Accused in Cheating Case Due to Civil Nature of Dispute. Loan Default by Cooperative Bank Borrower Does Not Attract Criminal Offences Under Sections 406, 420 IPC When Transaction is Commercial and No Deception at Inception.

The petitioner, Niranjan s/o Shripatrao Jadhav, was named as accused No.1 in Crime No.I-47/11 registered on 4.5.2011 with Bidkin Police Station, Distr...