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  Even a void order rendered between the parties will operate inter-parties and binding on them until it is successfully challenged in a higher Forum. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
• 

  Suit for partition filed several years after the property was sold by the karta or the mother is hit by the doctrine of acquiescence and the same is liable to be dismissed. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
• 

  Inclusion of properties already partitioned in a suit for partition amounts to vexatious and scandalous litigation. Court can order deleting the properties from the plaint under Order 6 Rule 16 of CPC. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
• 

  Partition Act. Party who applies for sale of the property under Section 2 cannot opt for purchase of the share of the other parties under Section 3. Karnataka High Court.

  • 30-May-2023
  • Daksha Legal
• 

  Merely because the issues are civil in nature, the offences that are alleged cannot be ignored if the complaint and the charge sheet would make out the offences alleged. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal
• 

  Registered sale deed or release deed do not require attestation and it is not necessary to examine attesting witnesses unless the execution of the document is specifically denied by its executor. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Limitation under Section 34(3) commences only from the date a signed copy of the award is delivered to the party applying for setting it aside. Mere knowledge of the award is not enough. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal
• 

  Both “A” and “B” Kharab lands belong to owner of the land. Landowner is entitled for compensation in case of acquisition of kharab land. Karnataka High Court.

  • 29-May-2023
  • Daksha Legal
• 

  Validity of marriage cannot be gone into by Courts while considering the applications for maintenance under Section 12 of the Protection of Woman from Domestic Violence Act or Section 125, Cr.P.C. Karnataka High Court.

  • 28-May-2023
  • Daksha Legal
• 

  Cr.P.C. Section 91. ‘Person’ does not include an accused person on trial. Court cannot insist accused to produce documents by invoking Section 91 since it amounts to self-incrimination. Karnataka High Court.

  • 27-May-2023
  • Daksha Legal
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  Cheque Bounce Cases. When the complaint does not disclose the date of service of statutory notice, Court can rely on the date of reply notice to consider limitation aspect. Karnataka High Court.

  • 27-May-2023
  • Daksha Legal
• 

  Industrial Disputes Act. Labour Court must quantify monetary value payable to the Workman before directing the employer to implement the award under Section 33 (2) (c). Karnataka High Court.

  • 26-May-2023
  • Daksha Legal