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  Substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance. As such, second appeal cannot be decided on equitable grounds. Kerala High Court.

  • 16-September-2023
  • Daksha Legal
• 

  Child on attaining majority can seek his/her name to be incorporated in the Birth Certificate. The Corporation cannot reject such plea on the ground of delay. Karnataka High Court.

  • 16-September-2023
  • Daksha Legal
• 

  Purchase of granted land in public auction conducted by a co-operative Bank in execution proceedings does not attract the provisions of the Karnataka SC/ST (PTCL) Act. Karnataka High Court.

  • 15-September-2023
  • Daksha Legal
• 

  Bequeathing granted land by Will to non-SC/ST person by original grantee does not attract the provisions of the Karnataka SC/ ST (PTCL) Act, 1978 since Will does not amount to transfer of property. Karnataka High Court.

  • 15-September-2023
  • Daksha Legal
• 

  "If husband is leading a good life, wife cannot be asked to lead a deprived life". Karnataka High Court while enhancing wife’s maintenance.

  • 15-September-2023
  • Daksha Legal
• 

  Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court

  • 15-September-2023
  • Daksha Legal
• 

  Amendment of pleading cannot be rejected on the ground of delay when the Court exercises power under Section 26 (4) of the Specific Relief Act. Karnataka High Court.

  • 14-September-2023
  • Daksha Legal
• 

  Urban Land Ceiling (Repeal) Act, 1999. Merely on the basis of deemed vesting the State cannot takeover land when the proceedings under ULC Act for vesting of land has not been completed by taking actual possession of the land. Karnataka High Court.

  • 14-September-2023
  • Daksha Legal
• 

  Appointment of arbitrator. Question of limitation can be gone into only in the very limited category of cases where there is not even a vestige of doubt that the claim is ex facie time barred. Karnataka High Court.

  • 14-September-2023
  • Daksha Legal
• 

  Change of Khata cannot be refused only on the basis of third party objections when the applicant claims title under a registered sale deed/title deed. Karnataka High Court.

  • 14-September-2023
  • Daksha Legal
• 

  Revocation of probate under the Indian Succession Act. Delay in applying for revocation cannot be considered when the service of notice and publication of citation was defective. Karnataka High Court.

  • 14-September-2023
  • Daksha Legal
• 

  The only relevant issue in a suit under Section 6 of the Specific Relief Act is prior possession and illegal dispossession therefrom. Title to the property is irrelevant. Karnataka High Court.

  • 13-September-2023
  • Daksha Legal