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  Order XVIII Rule 17 of CPC. To recall the witness, there should be demonstrable bonafides in filing applications and the application should be filed without any delay. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
• 

  Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
• 

  Karnataka SC-ST (PTCL) Act, 1978. In an appeal under Section 5A of the Act by the grantee, Deputy Commissioner can NOT stay mutation entry in the name of subsequent purchaser. Remedy is only under the Karnataka Land Revenue Act. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
• 

  Attachment before judgment in a suit for damages for defamation cannot be passed since the claim for damages is not an ascertained sum arising from a transaction between the parties. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
• 

  Attachment before judgment. The plaintiff must be able to demonstrate that on the day when the suit was filed, the defendant owed to him in a certain sum of money on account of a transaction between them. Karnataka High Court.

  • 01-April-2023
  • Daksha Legal
• 

  Karnataka High Court invokes the principle of “Full faith and credit clause” under Article 261 to bind statutory body BDA to comply with intra-party decree even though BDA was not party to the suit.

  • 05-April-2023
  • Daksha Legal
• 

  When a judgment is stayed, ordinarily, it is not prudent to press them into service as a binding rule, since its precedential force is in suspended animation. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
• 

  Caveat cannot curtail Court’s power to pass interim orders when party approaching court makes out an extraordinary circumstance in the presence of caveator. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
• 

  Plea of alternative remedy is a self-imposed restriction by the superior Courts and is never an absolute bar unless barred by the statute. Supreme Court.

  • 01-April-2023
  • Daksha Legal
• 

  Decree for specific performance of sale agreement against allottee of a site can be enforced against the allotter BDA even when the BDA was not a party to the suit. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
• 

  The amendment of 2022 to the KIADB Act incorporating the provisions of land acquisition 2013 Act is prospective in operation, notwithstanding the word ‘deemed’ occurring therein. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
• 

  Filing of Caveat cannot curtail Court’s power to pass interim orders when party approaching court makes out an extraordinary circumstance in the presence of caveator. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal