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  Civil Court cannot entertain suit challenging the award passed by the Lok Adalath on a compromise, if such suit is filed by the parties to such award or any of the parties claiming through the parties to the said award. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Section 92 of the CPC is for the purpose of proper administration of a trust and deals with its internal management. Suit filed against the third parties does not come within the purview of Section 92. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Constructive resjudicata. The principles under Order II Rule 2 of the CPC apply regardless of the stage of the subsequent suit, even if it is filed and pending during the pendency of the first suit. Supreme Court explains the principle.

  • 17-January-2025
  • Daksha Legal
• 

  Land acquisition. A third party claiming a right to the compensation amount awarded in acquisition proceedings cannot seek impleadment in the Reference Court. Instead, he must approach the Deputy Commissioner for appropriate relief. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Karnataka Stamp Act. Although lessee is responsible for paying stamp duty, unless otherwise agreed, if the landlord produces an unstamped deed in court, he must pay the duty and recover it from the lessee. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  The principle that admissibility of a document already marked cannot be challenged due to improper stamping applies only when the court has applied its mind before marking it. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. A right to succeed to the property by the daughter of the grantee cannot be termed to be a transfer under the terms of the Act. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. A requisition notice under Section 49(1) of the Act for a no-confidence motion need not specify the allegations. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. The initiation of suo moto proceedings for resumption within five years from the date of commencement of the Act cannot be considered illegal or vitiated by delay. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Rejection of conversion of tenanted lands during the non-alienation period fixed under the Karnataka Land Reforms Act is valid since the purpose of non-alienation clause is retention of such lands for agricultural purposes. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Banks are responsible for unauthorized and fraudulent transactions, particularly when the customers notify the bank about such transactions in a timely manner. Supreme Court.

  • 15-January-2025
  • Daksha Legal
• 

  A sale under the Transfer of Property Act is complete only upon registration of the sale deed. A person claiming title under an unregistered sale agreement or deed cannot challenge an auction sale conducted under SARFESI Act. Supreme Court.

  • 15-January-2025
  • Daksha Legal