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  Hindu Law. Mother cannot act as karta. Alienation of minor’s share in the ancestral property by the mother after the death of her husband is not binding on the minor son who can seek partition without the necessity of challenging the transfer. Karnataka High Court.

  • 18-January-2025
  • Daksha Legal
• 

  Hindu Law. When a married person having children is taken in adoption, children born before the adoption are not transplanted to the adopted family and continue to be the grandchildren in the original family. Their right to partition in that branch is not affected. Karnataka High Court.

  • 18-January-2025
  • Daksha Legal
• 

  Subsequent suit in respect of a claim which was barred at the time of the earlier suit but revived later on by an enactment would not be hit by the provisions of Order II Rule 2 CPC. Supreme Court.

  • 18-January-2025
  • Daksha Legal
• 

  Civil Court cannot entertain suit challenging the award passed by the Lok Adalath on a compromise, if such suit is filed by the parties to such award or any of the parties claiming through the parties to the said award. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Section 92 of the CPC is for the purpose of proper administration of a trust and deals with its internal management. Suit filed against the third parties does not come within the purview of Section 92. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Constructive resjudicata. The principles under Order II Rule 2 of the CPC apply regardless of the stage of the subsequent suit, even if it is filed and pending during the pendency of the first suit. Supreme Court explains the principle.

  • 17-January-2025
  • Daksha Legal
• 

  Land acquisition. A third party claiming a right to the compensation amount awarded in acquisition proceedings cannot seek impleadment in the Reference Court. Instead, he must approach the Deputy Commissioner for appropriate relief. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Karnataka Stamp Act. Although lessee is responsible for paying stamp duty, unless otherwise agreed, if the landlord produces an unstamped deed in court, he must pay the duty and recover it from the lessee. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  The principle that admissibility of a document already marked cannot be challenged due to improper stamping applies only when the court has applied its mind before marking it. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. A right to succeed to the property by the daughter of the grantee cannot be termed to be a transfer under the terms of the Act. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. A requisition notice under Section 49(1) of the Act for a no-confidence motion need not specify the allegations. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. The initiation of suo moto proceedings for resumption within five years from the date of commencement of the Act cannot be considered illegal or vitiated by delay. Karnataka High Court.

  • 16-January-2025
  • Daksha Legal