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  Negotiable Instruments Act. Accused who breaches settlement agreement to pay cheque amount cannot later take the contention that the original complaint was defective for not making company a party. Karnataka High Court.

  • 24-June-2024
  • Daksha Legal
• 

  Municipal Corporation cannot insist on probate of a Hindu Will for change of khata since the Will executed by Hindus are not covered by Clauses (a) and (b) of Section 57 of the Indian Succession Act. Karnataka High Court.

  • 24-June-2024
  • Daksha Legal
• 

  Petition for Succession Certificate under Section 372 of the Indian Succession Act cannot be dismissed solely on the ground of limitation. Karnataka High Court.

  • 24-June-2024
  • Daksha Legal
• 

  Suit for injunction without disclosing identity of the property as required under Order 7 Rule 3 of the Civil Procedure Code is not maintainable. Karnataka High Court.

  • 24-June-2024
  • Daksha Legal
• 

  Land acquisition. Denotification and rescinding the denotification has to be gazetted so that the stakeholders challenge it; and the unscrupulous landowners would not prey the potential buyers on the basis of Denotification. Karnataka High Court.

  • 22-June-2024
  • Daksha Legal
• 

  Suit for possession based on illegal dispossession shall be filed within six months from the date of dispossession. Subsequent amendment for possession in a pending suit for injunction will not cure the defect. Karnataka High Court.

  • 22-June-2024
  • Daksha Legal
• 

  Contract Act. Section 65. Vendor cannot refuse to refund advance amount to the purchaser on the ground that the sale agreement itself was void or illegal. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Principle of ‘’Boundaries prevail over Measurements’’ would not apply when the measurement/extent given in the document is clear, definite, specific, unambiguous and certain. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  ‘’Power of review is a creature of Statute’’. Deputy Commissioner has no power to review the order under the Karnataka Land Revenue Act. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Limitation Act. When plaintiff's title is not in dispute and the plea of adverse possession fails, suit for possession based on title cannot be said to be barred by time under Section 65. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Objection relating to the inherent jurisdiction of the trial Court can be raised even for the first time before the appellate Court. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Children of predeceased brother are also entitled to succeed to the property of the prepositus under the Mysore Hindu Law Women’s Rights Act, 1933. Karnataka High Court.

  • 20-June-2024
  • Daksha Legal