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  Adoption relating back. Position before 1956. An adopted son could inherit his adoptive father's property, even if his mother had inherited it after his father's death. This would override the mother's claim to the property. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Notwithstanding its classification as agricultural land in official records, the market value of land situated within the municipal limits of a city corporation shall be taken into account for the purpose of determining court fees. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Prolonged and illegal delay of 17 years in executing sale deed in favour of auction purchaser. Karnataka High Court directs Urban Development Authority to pay ground rent towards deprivation of usage of the property.

  • 29-November-2024
  • Daksha Legal
• 

  N.I. Act. When an accused challenges complainant's financial capacity in support of a potential defense, the complainant must provide evidence to prove his financial capacity, despite the presumption under Section 139. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Land acquisition. Landowners covered by the RFCTLARR Act 2013 and landowners covered by the National Highways Act are entitled to the same amount of compensation fixed under the RFCTLARR Act 2013. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Defamation. Section 19 CPC. Suit can be filed in the Court within whose jurisdiction the defamatory content is disseminated or sold, regardless of the defendant's place of residence or business. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Arbitration and Conciliation Act. For ‘sufficient cause’, Court has the power and jurisdiction to extend the mandate of the Arbitral Tribunal under Section 29A(4). Supreme Court.

  • 27-November-2024
  • Daksha Legal
• 

  Hindu Succession Act. The bar under Section 6 of the Hindu Succession Act, 1956 to claim equal share in the ancestral properties sold or partitioned before 2004, is not applicable to self-acquired properties of the propositus. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Dismissal of the complaint under Section 138 N.I.Act for default amounts to acquittal Section 256(1) of Cr.P.C. Appeal is maintainable under Section 378(4) Cr.P.C. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Bail in cases involving PMLA. Prolonged confinement by itself is not a ground to grant bail when the offences alleged are extremely serious involving public money. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Criminal Law. Framing a charge or discharging an accused must be based on the case record, including documents. Revisional power should only correct clear errors of law or procedure that would cause injustice if left uncorrected. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Wife and children of the plaintiff, who contested against the plaintiff in the suit, cannot come on record as his legal representatives in the suit/appeal due to conflict of interest. Karnataka High Court.

  • 26-November-2024
  • Daksha Legal