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  Execution proceedings in suit for partition. Person claiming under joint family member who suffered decree cannot maintain application Order 21 Rule 97 of CPC. Karnataka High Court.

  • 01-December-2023
  • Daksha Legal
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  Where the defendant has already lost the title suit and cannot claim title over the property, the plaintiff can file a simple suit for injunction without seeking declaration of his title. Supreme Court.

  • 29-November-2023
  • Daksha Legal
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  Third party applicant approaching execution court under Order 97 Rule XXI of CPC should possess an independent title which is superior to that of the decree holders. Karnataka High Court.

  • 29-November-2023
  • Daksha Legal
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  Execution Court must consider whether a portion of the property is sufficient to satisfy the decree. Failure amounts to ‘substantial injury’ within the meaning of Order 21 Rule 90. Karnataka High Court.

  • 29-November-2023
  • Daksha Legal
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  There is no need for the Court order appointing guardian in respect of minor’s undivided interest in joint family. Parents can sell undivided interest of minor in joint family property. Karnataka High Court.

  • 28-November-2023
  • Daksha Legal
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  Badli worker (replacement worker) is not entitled to the protection under the provisions of the Industrial Disputes Act. Karnataka High Court.

  • 28-November-2023
  • Daksha Legal
• 

  Unilateral cancellation/revocation of a gift deed, which is complete, is not legally permissible and such cancellation/revocation is void. Kerala High Court.

  • 28-November-2023
  • Daksha Legal
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  Mother can act as the natural guardian of the minor even during the lifetime of the father, who would be deemed to be 'absent' under law. Kerala High Court.

  • 28-November-2023
  • Daksha Legal
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  Writ Petition challenging the order in Election Petition before the Tribunal/Civil Judge. Intra-Court Writ Appeal is not maintainable against the order in the Writ Petition. Karnataka High Court.

  • 27-November-2023
  • Daksha Legal
• 

  Right to privacy of Aadhaar number holder has to be protected. Marriage does not eclipse the right to privacy which is protected by the procedure of hearing under Section 33 of the Aadhaar Act. Karnataka High Court.

  • 27-November-2023
  • Daksha Legal
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  Civil Court has no power to modify or rectify the details of the property granted under the Karnataka Inams Abolition Act by the Special Deputy Commissioner. Karnataka High Court.

  • 27-November-2023
  • Daksha Legal
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  Judicial proceedings initiated by a third party other than the employer cannot be a reason to withhold pension payable to public servant. Karnataka High Court.

  • 27-November-2023
  • Daksha Legal