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  Compact Disk containing telephonically recorded conversation with Certificate under Section 65B of the Evidence Act is admissible as secondary evidence. Karnataka High Court.

  • 16-April-2024
  • Daksha Legal
• 

  Irrespective of a party not filing appeal against dismissal of the suit for partition and separate possession, Court can grant relief in appeal invoking Order XLI Rule 33 of C.P.C. Karnataka High Court.

  • 16-April-2024
  • Daksha Legal
• 

  Family settlement/arrangement need not be among the joint family members having a right of succession but can include an outsider provided such a settlement/arrangement is fair and bona fide. Karnataka High Court.

  • 16-April-2024
  • Daksha Legal
• 

  Income Tax Act. Exemption from restriction on cash transaction can be claimed only for special exigencies the burden of proving is on the assessee. Karnataka High Court.

  • 16-April-2024
  • Daksha Legal
• 

  When agreement was entered in Gujarat and the work was executed in Kerala, Police/Magistrate at Bangalore do not have jurisdiction over the dispute simply because the complainant’s office is situated at Bangalore. Karnataka High Court.

  • 15-April-2024
  • Daksha Legal
• 

  Hindu Law. ‘’Husband and Wife are one person. Physically divided yet united by Soul’’. Wife cannot seek partition of coparcenary or self-acquired properties during the lifetime of her husband. Karnataka High Court.

  • 15-April-2024
  • Daksha Legal
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  Questions to be determined by the Court executing decree. Section 47 of the CPC cannot be resorted in a proceeding to execute an arbitral award. Karnataka High Court.

  • 15-April-2024
  • Daksha Legal
• 

  Karnataka Land Reforms Act. Adopted son who claims ownership by succession cannot claim tenancy under the deceased adopted father/mother. Karnataka High Court.

  • 15-April-2024
  • Daksha Legal
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  Expiry of arbitration mandate. For the purpose of calculating the period of twelve months, time during which arbitration proceedings were stayed by the Court has to be excluded. Karnataka High Court.

  • 15-April-2024
  • Daksha Legal
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  Karnataka Land Reforms Act. Person claiming tenancy cannot plead adverse possession. Karnataka High Court.

  • 13-April-2024
  • Daksha Legal
• 

  Expiry of the arbitration. When parties file claim, defence, counter-claim, rejoinder and surrejoinder, the last of the pleadings shall be taken as the starting point to calculate twelve months. Karnataka High Court.

  • 13-April-2024
  • Daksha Legal
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  Petition against a partnership firm or its directors is not maintainable under Section 95 of the Insolvency and Bankruptcy Code. Karnataka High Court quashes registration of the petition before the NCLT.

  • 12-April-2024
  • Daksha Legal