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  Plaint cannot be rejected on the plea of resjudicata since the adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the previous suit which are beyond the scope of Order 7 Rule 11 (d), CPC. Supreme Court

  • 31-March-2023
  • Daksha Legal
• 

  Executing Court can order arrest of the judgement debtor on oral application of the decree holder, without issuing arrest notice, only if the judgement debtor is within the precincts of the Court. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
• 

  Motor Vehicles Act. Person who has a driving licence to drive a light motor vehicle can also drive a transport vehicle which has an unladen weight less than 7500 kg. Insurance company is liable to pay compensation. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
• 

  Industrial Disputes Act, 1947. Pendency of disciplinary proceedings cannot be a ground to deny the status of a protected workman unless the workman is also involved in criminal cases. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
• 

  Confiscation of goods under Section 130 of the CGST Act must be preceded by an opportunity of being heard and not mere opportunity of filing objections to the action contemplated. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
• 

  If a person has no role to play in the entire loan transaction with the bank, issuance of Look Out Circular against him cannot be justified. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
• 

  IBC. Once the parties settle the dispute even before the Committee of Creditors is constituted, the parties can withdraw the Corporate Insolvency Resolution Process. NCLT cannot refuse withdrawal quoting other claims. Supreme Court.

  • 31-March-2023
  • Daksha Legal
• 

  Acquisition of lands under the National Highways Act, 1956. Landowners are entitled for solatium as if the acquisition has been made under the provisions of Land Acquisition Act, 1894. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
• 

  Urban Land (Ceiling and Regulation) Act. If possession of excess land was not taken lawfully by the Competent Authority, landowners are entitled for restoration of the land despite the delay in approaching the Court. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
• 

  Bombay-Karnataka area. Succession among Hindus coming under the Bombay School of Inheritance. Sister was entitled for a share if the succession had opened prior to 1956. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
• 

  Permissive possession cannot be claimed as adverse possession unless the possession is adequate in continuity, adequate in publicity and adverse to a competitor. Karnataka High Court.

  • 29-March-2023
  • Daksha Legal
• 

  Service benefits do not form bequeathable estate of Government Servant. Family pension does not form part of the estate of the deceased and as such it cannot be disposed off during lifetime by testamentary disposition. Karnataka High Court.

  • 28-March-2023
  • Daksha Legal