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  Sale of ancestral property. Recitals in the sale deed of legal necessity do not by themselves prove the legal necessity though they are admissible in evidence. Karnataka High Court.

  • 15-March-2024
  • Daksha Legal
• 

  Plea of prior partition in a suit for partition is available only if all the necessary parties were included in the earlier partition. Karnataka High Court.

  • 14-March-2024
  • Daksha Legal
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  Court in exercise of its power under Article 226 of the Constitution of India cannot sit as an Appellate Authority over the order passed by a statutory authority. Karnataka High Court.

  • 14-March-2024
  • Daksha Legal
• 

  Decree of mere declaration of title granted by trial court cannot be set aside when the plaintiffs had sought for other consequential reliefs also in their suit. Karnataka High Court.

  • 14-March-2024
  • Daksha Legal
• 

  Nominee of Bank deposit is only a trustee to receive the amount in deposit on behalf the legal heirs of the deceased account holder. He cannot have the preferential right to the exclusion of the legal representatives. Karnataka High Court.

  • 14-March-2024
  • Daksha Legal
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  ‘’Public authority withholding pension by imposing penalty after penalty without holding enquiry shocks the conscience of the Court’’. Karnataka High Court directs payment of costs and pension to the retired employee.

  • 14-March-2024
  • Daksha Legal
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  Necessary parties in a suit for partition. Karnataka High Court explains the legal position.

  • 13-March-2024
  • Daksha Legal
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  Order releasing the amount deposited under Section 148(3) N.I. Act does not amount to intermediate order since it is an interlocutory order. Revision before the High Court under Section 397 Cr.P.C. is not maintainable. Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
• 

  Purchase of land and constructions put up subsequent to acquisition proceedings do not confer any right over the purchaser. Such person cannot maintain a suit for injunction against the acquiring body. Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
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  Concept of ''reasonable doubt'' in criminal cases. Authoritative judgment of the Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
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  Earnest money in sale transaction represents guarantee that purchaser will perform his part of the contract. It can be forfeited only when the transaction fails by reasons of the default or failure of the purchaser and not otherwise. Karnataka High Court.

  • 13-March-2024
  • Daksha Legal
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  Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.

  • 12-March-2024
  • Daksha Legal