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  Civil suit against Forest Officers who act under the color of duty to preserve forest land is not maintainable without sanction of the State Government under Section 114-A of the Karnataka Forest Act. Karnataka High Court.

  • 18-June-2024
  • Daksha Legal
• 

  Recovery of Government dues. ‘’The practice of bringing the entire extent of land for sale for recovery of dues which would be otherwise recovered by selling a portion of the property is highly deplorable’’. Karnataka High Court.

  • 18-June-2024
  • Daksha Legal
• 

  Stay of suits under Section 10 CPC. Once the petition under Section 276 of Indian Succession Act is converted into a full-fledged civil suit, all other suits touching title to the same property shall remain stayed. Karnataka High Court.

  • 15-June-2024
  • Daksha Legal
• 

  Party whose presence would enable the Court to completely and effectively and adequately adjudicate upon all matters in dispute in the suit can be impleaded though no specific relief is sought against such party. Karnataka High Court.

  • 15-June-2024
  • Daksha Legal
• 

  Transfer of Property Act. In the case of an usufructuary mortgage there is no limitation to seek redemption. Right to seek redemption arises on the date when the mortgagor tenders mortgage money. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Adopted son is also entitled to seek transfer of fair price shop and he cannot be excluded from the purview of son referred to in clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Execution. Once the auction is held, it is the duty of the Court to ensure that the auction money is deposited within 15 days and upon the failure, to forfeit the deposit and resell the property. Court cannot extend time to deposit. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Courts shall not adopt hyper-technical ground to dismiss suit for default. Past negligence is not a ground not to restore the suit. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Specific Performance. Purchaser pendente lite cannot come on record in the execution proceedings or obstruct delivery of the possession to the decree holder. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  ‘Stay of suits under Section 10 CPC’ applies not only when the parties in both the suits are identical, but also when the parties are claiming through or under any of the litigating parties. Karnataka High Court.

  • 13-June-2024
  • Daksha Legal
• 

  Market value in a suit in respect of agricultural lands shall be twenty-five times the revenue assessed. Karnataka High Court reiterates.

  • 13-June-2024
  • Daksha Legal
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  Dowry harassment cases. Relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Karnataka High Court.

  • 13-June-2024
  • Daksha Legal