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  Urban Development Authority's imposition of a penalty for non-construction on the allotted site by the allottee within the stipulated period cannot be held to be unreasonable. Karnataka High Court.

  • 30-October-2024
  • Daksha Legal
• 

  Specific Relief Act. Purchaser pendente lite is entitled to come on record as an assignee even at the appellate stage under Order 22 Rule 10 of the Civil Procedure Code. Karnataka High Court.

  • 30-October-2024
  • Daksha Legal
• 

  Specific Relief Act. Relief for possession need not be sought for in a suit for specific performance since in terms of Section 22, the relief of possession would be part of the relief of specific performance. Karnataka High Court.

  • 30-October-2024
  • Daksha Legal
• 

  To enforce right of pre-emption, the suit has to be filed within one year from the date of registration of the instrument. Suit for specific performance cannot be filed to avoid limitation issue. Karnataka High Court.

  • 30-October-2024
  • Daksha Legal
• 

  Plaintiff cannot file rejoinder, pursuant to the written statement, as a matter of right without obtaining leave of the Court. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  Mere utterance of the words ‘’go and die’’ does not attract Section 306 of IPC. Words uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation to commit suicide. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  Order of the Civil Court refusing to grant temporary injunction after hearing both the parties. Remedy available is a Miscellaneous First Appeal and not a Writ Petition. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  Suit for specific performance. Third parties or strangers to the contract cannot be made parties to the suit, even if they claim to be joint family members and assert title over the property. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  “Coparcenary system continues even after the 2005 amendment to the Hindu Succession Act.” Karnataka High Court explains the principles behind succession and survivorship.

  • 29-October-2024
  • Daksha Legal
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  Evidence Act. Where a testator admits execution of a Will during his lifetime in a judicial proceeding, such acknowledgment constitutes proof of the Will in subsequent proceeding even without examining the attesting witness. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  When a sale deed mentions wrong boundary, the Court can rely on Survey Sketch and Revenue Map, which have presumptive value under the Evidence Act, to identify the property and decide the real issue involved. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
• 

  Section 319 Cr.P.C. Summoned person need not be given an opportunity of being heard before being added as an accused to face the trial. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal