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  ‘’Vexatious and unwanted litigation should be thrown out of Court at the threshold by nipping at the bud. Trial courts must reject such plaints in exercise of power under Order 7 Rule 11 CPC’’. Karnataka High Court.

  • 13-November-2024
  • Daksha Legal
• 

  Application for amendment of pleadings after commencement of trial can be permitted only if the applicant demonstrates that, notwithstanding the exercise of due diligence, the application could not have been filed at an earlier stage. Karnataka High Court.

  • 13-November-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Land cannot be notified as ‘sarkari pada’ for non-payment of land revenue without forfeiture order under Section 163 of the Act. Karnataka High Court.

  • 13-November-2024
  • Daksha Legal
• 

  Once resumption order under Karnataka SC/ST (PTCL) Act is set aside, purchaser has a right to get his name resumed/mutated in revenue records. Karnataka High Court imposes cost on the Tahsildar for unlawful refusal.

  • 13-November-2024
  • Daksha Legal
• 

  Bombay Pargana and Kulkarni Watan Abolition Act. Watan property belongs to the entire family, with all family members having hereditary interests eligible for a share. Karnataka High Court.

  • 12-November-2024
  • Daksha Legal
• 

  Amendment of pleadings. Doctrine of relation back from the date of suit will not apply when the court allows the amendment subject to the plea of limitation thus saving the legal right that had accrued in favour of the defendant. Supreme Court.

  • 12-November-2024
  • Daksha Legal
• 

  Mere issuance of a cheque subsequent to the expiry of the limitation period does not operate as a fresh cause of action or extend the limitation period for filing a civil suit for recovery. Karnataka High Court.

  • 12-November-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Rules. Subsequent extension of corporation boundaries cannot be the basis to reject the application for regularisation of unauthorised occupation, where the application was filed prior to such extension. Karnataka High Court.

  • 11-November-2024
  • Daksha Legal
• 

  Land already vested and re-granted under the Mysore (Religious & Charitable) Inams Abolition Act cannot be dealt with under the Karnataka Village Offices Abolition Act or under any other enactment. Karnataka High Court.

  • 11-November-2024
  • Daksha Legal
• 

  Karnataka Rent Act. There is a presumption in favour of landlord regarding his bonafide requirement, which needs to be rebutted by the tenant by cogent evidence. Karnataka High Court.

  • 11-November-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Tahsildar has no power to order summary eviction of unauthorized occupants. Karnataka High Court.

  • 11-November-2024
  • Daksha Legal
• 

  Maintenance and Welfare of Parents and Senior Citizens Act. Failure to challenge gift deeds in favour of other children does not constitute grounds for dismissing an application. Karnataka High Court.

  • 11-November-2024
  • Daksha Legal