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  When a tenant denies ownership of landlord, such tenant must vacate the premises and then establish his right or the contra title over the suit property and then take back possession of the property. Karnataka High Court.

  • 02-December-2024
  • Daksha Legal
• 

  Auction purchaser cannot be asked to pay interest on the sale amount when the delay in execution of the sale deed is solely attributable to the vendor authority. Karnataka High Court.

  • 01-December-2024
  • Daksha Legal
• 

  Adoption. Rights vested in a member of an adoptive family prior to adoption are not divested by the adoption. Similarly, a child's pre-existing rights in his birth family remain intact even after adoption. Karnataka High Court.

  • 02-December-2024
  • Daksha Legal
• 

  Information of grounds of arrest under Section 50 of the Cr.P.C., must be followed and must be indicated to every accused who is to be arrested even for the offences under the Indian Penal Code. Karnataka High Court.

  • 30-November-2024
  • Daksha Legal
• 

  Criminal appeal. When appellant’s counsel is absent, the appeal cannot be dismissed for default. The court must reassess the judgment on merits or provide legal assistance to the appellant. Karnataka High Court.

  • 30-November-2024
  • Daksha Legal
• 

  Hindu Succession Act, 1956. When propositus dies prior to 1956 leaving ancestral properties, the entire ancestral properties vest in surviving male coparceners excluding the daughters. Karnataka High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Land acquisition. When large extent of land is acquired and gigantic financial implications are involved, hearing all the stake holders/beneficiaries regarding enhancement/reduction of compensation would infuse a sense of justice in them. Karnataka High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Commercial transaction. Imposition of an exorbitant interest in the background of contemporary commercial practices cannot be branded as against public policy or against the fundamental policy of Indian Law. Delhi High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Memo for withdrawal of a case does not require signature of the litigant since the Advocate is fully authorised to take action on behalf of the clients in the vakalat itself. Nevertheless, it is prudent for advocates to obtain written instructions from their clients prior to withdrawing the case. Karnataka High Court.

  • 29-November-2024
  • Daksha Legal
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  Adoption relating back. Position before 1956. An adopted son could inherit his adoptive father's property, even if his mother had inherited it after his father's death. This would override the mother's claim to the property. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Notwithstanding its classification as agricultural land in official records, the market value of land situated within the municipal limits of a city corporation shall be taken into account for the purpose of determining court fees. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Prolonged and illegal delay of 17 years in executing sale deed in favour of auction purchaser. Karnataka High Court directs Urban Development Authority to pay ground rent towards deprivation of usage of the property.

  • 29-November-2024
  • Daksha Legal