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  A suit for partition cannot be maintained during the lifetime of a father if the property was inherited under Section 8 of the Hindu Succession Act. Mere receipt of property from a father does not make it ancestral unless it was inherited as joint family property. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
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  High Court can reject a plaint in a matter brought before it from an interlocutory order, when the suit itself is not maintainable. Karnataka High Court.

  • 20-March-2025
  • Daksha Legal
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  When agricultural land is converted for non-agricultural purposes, no encumberance certificate is issued in respect of the said converted land post such conversion. The fact of conversion shall be made in the revenue records. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  A compromise decree that excludes legal heirs is not binding on them. Courts have the power to grant partition instead of mere declaration when justified by the facts of the case. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  Children from a second marriage are entitled to a share in their father’s share in ancestral property, even if their mother had relinquished her rights. Any sale of joint family property without the consent of all co-owners does not affect the inheritance rights of non-consenting legal heirs. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. Once the moratorium begins under the IBC, the company’s management vests with the Interim Resolution Professional under Section 17 of IBC, and the director cannot be held criminally liable for non-payment of dishonored cheques. Supreme Court.

  • 19-March-2025
  • Daksha Legal
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  A suit for partition cannot be valued under Section 35(2) of the Karnataka Court Fees and Suits Valuation Act, 1958, unless joint possession is specifically pleaded and established. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  A registered owner cannot be restrained from dealing with his property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act applies to protect the plaintiffs’ interest, making an injunction against alienation unnecessary. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  When there is a conflict between BBMP building byelaws and the Zonal Regulations framed under the Karnataka Town and Country Planning Act, the latter prevails. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  A co-owner cannot enter into a sale agreement for the entire property without the consent of other co-owners. An agreement executed by a co-sharer without full ownership rights is not enforceable under Section 17 of the Specific Relief Act, 1963. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  Hindu Succession Act. An unborn child’s right under Section 20 applies only when the father dies intestate and cannot be invoked when the father is alive. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  Karnataka Micro Loan and Small Loan Prevention of Coercive Actions Ordinance, 2025 does not apply to Hire Purchase and applies only to unsecured microfinance loans. Karnataka High Court.

  • 17-March-2025
  • Daksha Legal