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  Stay of execution pending suit between decree holder and judgement debtor. Order 21 Rule 29 CPC will not apply to suits which are instituted subsequent to institution of the execution proceedings. Karnataka High Court.

  • 14-February-2023
  • Daksha Legal
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  Government cannot act as a robber of citizens lands; taking away private lands for the purported public purpose without compensation against the spirit of constitutional guarantee enacted u/a 300A. Karnataka High Court.

  • 14-February-2023
  • Daksha Legal
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  Political background, by itself, though a relevant consideration, cannot be an absolute bar for appointment of otherwise a suitable person as Judge. Supreme Court.

  • 14-February-2023
  • Daksha Legal
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  Suit for partition. Plea of exclusive possession by the purchaser of coparcenery property is NOT a conclusive factor to determine court fee payable by the plaintiff. Karnataka High Court.

  • 13-February-2023
  • Daksha Legal
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  Non-compliance of mandatory provisions of Order 21 Rules 84, and 85 CPC by the auction purchaser vitiates the sale. Supreme Court.

  • 14-February-2023
  • Daksha Legal
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  Arbitration and Conciliation Act, 1996. Even non-signatories will be bound by the arbitration agreement, if there is implied consent to be bound and a direct relationship with the signatory. Karnataka High Court.

  • 10-February-2023
  • Daksha Legal
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  Kerala Courts Fees and Suits Valuation Act. Court fee cannot be refunded after the suit is decided on merits. Kerala High Court.

  • 13-February-2023
  • Daksha Legal
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  Advocate making defamatory statement in pleadings without obtaining signature of his clients cannot plead exception to Section 499 IPC. Karnataka High Court.

  • 13-February-2023
  • Daksha Legal
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  Tax on electricity payable by consumer shall be on the basis of rate at which consumer purchases from Open Access Source and not at the rate at which the licensee sells to its consumers. Karnataka High Court.

  • 10-February-2023
  • Daksha Legal
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  “Right to claim maintenance shall not be rendered illusory.” Karnataka High Court issues guidelines for early disposal of maintenance petitions.

  • 11-February-2023
  • Daksha Legal
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  Consumer Protection Act. Failure of the developer to provide playground, community hall, landscape gardening, generator backup, multi-gymnasium, etc. as mentioned in the brochure/advertisement amounts to unfair trade practice. Supreme Court.

  • 13-February-2023
  • Daksha Legal
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  Motor Vehicles Act 1988. Rider of a borrowed vehicle can claim compensation under Section 163A for the death of pillion rider wife even though he steps into shoes of the owner and is responsible for the accident. Karnataka High Court.

  • 10-February-2023
  • Daksha Legal