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  Limitation Act. Suit for possession based on title can be non-suited only if defendant establishes adverse possession. When adverse possession is not proved, suit cannot be dismissed on the ground of limitation. Karnataka High Court.

  • 06-June-2024
  • Daksha Legal
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  Karnataka Excise Act. Reconstitution of the firm inducting the new partner as legal representative of the deceased partner does not amount to transfer of license. Karnataka High Court.

  • 05-June-2024
  • Daksha Legal
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  Gift is between Donor and Donee. When donor who challenged gift deed withdraws the suit, his children cannot question the gift deed on the ground of fraud etc. Karnataka High Court.

  • 05-June-2024
  • Daksha Legal
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  Karnataka Municipalities Act. Advance notice to Municipality is not required in a suit for permanent injunction if the very object of filing the suit is defeated by delay. Karnataka High Court.

  • 05-June-2024
  • Daksha Legal
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  Coram Non-Judice. If Caste Certificate is cancelled by Tahsildar on the direction of Deputy Commissioner, appeal against such order to the Assistant Commissioner is not maintainable on the principle of coram non-judice. Karnataka High Court.

  • 05-June-2024
  • Daksha Legal
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  Drawing up of high-tension electricity lines on private lands. Writ Court cannot go into the technical aspects especially when the experts have drawn the route to cause as little damage as possible. Karnataka High Court.

  • 05-June-2024
  • Daksha Legal
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  Self-acquired property of father inherited by his sons would be Coparcenery property and continues to be so if the succession had opened prior to 1956. Supreme Court.

  • 04-June-2024
  • Daksha Legal
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  Wife getting lumpsum maintenance under Section 125 Cr.P.C as full settlement is NOT precluded from claiming maintenance under Section 18 of the Hindu Adoption and Maintenance Act. Karnataka High Court.

  • 04-June-2024
  • Daksha Legal
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  Inclusion of property in a compromise petition contrary to provision of an existing law does not confer right or title on the parties. Supreme Court.

  • 04-June-2024
  • Daksha Legal
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  Person who gifted immovable property to Municipality on the assurance of alternative site is entitled to receive market value compensation if there is no provision for allotment of alternate site. Karnataka High Court.

  • 04-June-2024
  • Daksha Legal
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  Specific Relief Act. Property agreed to be sold acquired by Government. Agreement holder, on succeeding in suit for specific performance, is entitled to full compensation. Owner is entitled to sale consideration and expenses. Supreme Court.

  • 04-June-2024
  • Daksha Legal
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  Money belonging to a citizen is his property. If that is retained by the State, that amounts to temporary acquisition of property for which compensation has to be paid going by Article 300A of the Constitution of India. Karnataka High Court.

  • 03-June-2024
  • Daksha Legal