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  Bombay Tenancy and Agricultural Lands Act, 1948. In a case of surrender of land by tenant, procedure of taking possession under Section 29 of the Act does not apply. Karnataka High Court.

  • 07-July-2023
  • Daksha Legal
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  High Court under Article 226 cannot re-appreciate evidence and arrival of finding of facts, unless the authority exceeded its jurisdiction or the findings are patently perverse. Supreme Court.

  • 07-July-2023
  • Daksha Legal
• 

  Transfer of immovable property implies and includes in it transfer of structure put up thereupon though not specifically mentioned in the deed of transfer. Karnataka High Court.

  • 06-July-2023
  • Daksha Legal
• 

  Advocates have a right to appear before the Deputy Commissioner in the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Karnataka High Court.

  • 06-July-2023
  • Daksha Legal
• 

  Hindu Marriage Act. Mere inability of the wife to obey decree for restitution of conjugal rights is not a ground to dismiss her petition for divorce. Karnataka High Court.

  • 06-July-2023
  • Daksha Legal
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  Cross objections under Order 41 Rule 22 of the CPC, have all the trappings of a regular appeal and must be considered in full by the court adjudicating upon the same. Supreme Court.

  • 06-July-2023
  • Daksha Legal
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  Vendor can assign the right contained in a sale deed to get the property registered back. Supreme Court.

  • 06-July-2023
  • Daksha Legal
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  When complaint and counter complaint are filed making identical allegations, accused in one complaint cannot seek quashment of the complaint on the ground that the allegations are civil in nature. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
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  When fair trial would require further investigation, the court must interfere and in the interest of justice choose a different officer to make a fresh/further investigation. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
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  Special statutes prevail over the Limitation Act. Appellate Authority has no power to entertain an appeal beyond the period of one month as stipulated under Section 107(4) of the Karnataka Goods and Services Tax Act, 2017. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
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  When specific averments are made in the plaint, the defence is immaterial while considering application under Order 7, Rule 11. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
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  Constructive resjudicata under Order 2, Rule 2 of CPC does not apply when the later suit is based on fresh cause of action. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal