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  Minor has no independent residence apart from the residence of the parent who has the custody of the said minor. The word “ordinarily resides” in statutes have to be construed accordingly. Karnataka High Court.

  • 27-May-2024
  • Daksha Legal
• 

  Delay in reporting seizure of property under Section 102(3) Cr.P.C to the jurisdictional Magistrate does not vitiate the seizure order altogether. Supreme Court.

  • 27-May-2024
  • Daksha Legal
• 

  Muslim Personal Law cannot prevail over Statute passed by competent legislature. Deed of settlement recognized under the Karnataka Stamp Act prevails over Shariat Law to the contrary. Karnataka High Court.

  • 27-May-2024
  • Daksha Legal
• 

  A coparcener can NOT seek injunction against Karta from entering into a transaction for sale of the joint Hindu family property, although post alienation he has a right to challenge the alienation if the same is not for legal necessity. Supreme Court.

  • 22-May-2024
  • Daksha Legal
• 

  Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.

  • 21-May-2024
  • Daksha Legal
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  BBMP cannot refuse to change khata of property duly purchased under a registered sale deed only on the ground of third-party objection. Karnataka High Court.

  • 17-May-2024
  • Daksha Legal
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  Property purchased by father in the name of minor sons for the benefit of family can be claimed back. Bar under Section 4(1) of the Benami Transaction (Prohibition) Act, 1988 does not apply. Supreme Court.

  • 15-May-2024
  • Daksha Legal
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  Forfeiture of occupancy under the Karnataka Land Revenue Act 1964 for non-payment of land revenue. Owner can pay the arrears of land revenue any time before the property is sold and get the land restored. Karnataka High Court.

  • 13-May-2024
  • Daksha Legal
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  Partition. Property purchased by Karta-Manager in the name of his minor son out of joint family funds is also a joint family property liable for partition. Supreme Court.

  • 10-May-2024
  • Daksha Legal
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  Valuation of property for Court fee. Where sale deed shows market value and sale consideration differently, Court fee has to be paid on the higher value thereof. Karnataka High Court.

  • 08-May-2024
  • Daksha Legal
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  Special Court established under Section 435 of the Companies Act, 2013, cannot take cognizance of an offence committed under the provisions of the Companies Act, 1956. Karnataka High Court.

  • 06-May-2024
  • Daksha Legal
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  Hindu Minority and Guardianship Act. Section 8 regarding Court permission to sell minor property does NOT apply to sale of undivided interest of a minor in a joint family property by the Karta. Supreme Court.

  • 05-May-2024
  • Daksha Legal