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  Unlike agreement of lease which transfers interest in the property; agreement to lease does not effect demise praesenti. Agreement to lease cannot be impounded on the ground of inadequate stamping. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
• 

  Karnataka Stamp Act. Deposit of the entire disputed amount in appeal under Section 45-A does not mean accepting the order of the competent authority under appeal. The appellate authority must decide the matter on merits. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  Civil Court has jurisdiction to decide the inheritance and partition of the tenanted lands granted under the Karnataka Land Reforms Act, among the coparceners. Karnataka High Court.

  • 26-October-2024
  • Daksha Legal
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  Suit for specific performance. Purchaser of the property from the owner is a necessary party in the proceedings and hence requires to be arrayed as a party defendant. Karnataka High Court.

  • 26-October-2024
  • Daksha Legal
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  When defendant raises a genuine dispute regarding title, thereby casting a cloud on the plaintiff's title, the plaintiff cannot pursue a suit for mere injunction either preventive or mandatory. Karnataka High Court.

  • 25-October-2024
  • Daksha Legal
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  When one party seriously disputes biological relationship with another in a civil suit, the court shall allow the application for DNA test at the instance of the person claiming such a relation. Karnataka High Court.

  • 25-October-2024
  • Daksha Legal
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  Married daughters are also entitled for partition in the tenanted lands granted under the Karnataka Land Reforms Act, where it is proved that the land granted is enuring to the benefit of joint family. Karnataka High Court.

  • 25-October-2024
  • Daksha Legal
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  “Every child would achieve a greater degree of success than his parents and his earning a living wage would not be beyond the realm of possibility.” Comprehensive judgment of the Karnataka High Court on assessing minor’s income in accident cases.

  • 25-October-2024
  • Daksha Legal
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  Undervaluation of transaction. Deputy Commissioner must, after giving the parties an opportunity of being heard, shall hold an enquiry to assess proper market value before levying the duty. Karnataka High Court.

  • 24-October-2024
  • Daksha Legal
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  Adverse possession. Starting point of limitation would be from the date defendant's possession became adverse and not from the date when the right of ownership arises to the plaintiff. Supreme Court.

  • 24-October-2024
  • Daksha Legal
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  In the absence of rival claims the Magistrate shall release seized properties ensuring that the material objects would be available for identification during the trial. Karnataka High Court.

  • 24-October-2024
  • Daksha Legal
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  N.I.Act. Filing a civil suit for recovery of cheque amount will not bar complaint for the offence under Section 138, though both spring from the same cause of action. Karnataka High Court.

  • 24-October-2024
  • Daksha Legal