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  Doctrine of res judicata cannot be used to reject a plaint, as its determination necessitates an examination of pleadings, issues, and decisions in prior suits. Karnataka High Court.

  • 19-April-2024
  • Daksha Legal
• 

  Municipal Authority cannot claim transfer fee without any basis or support of any provision of law when fee was already levied at the time of transfer of property. Karnataka High Court.

  • 19-April-2024
  • Daksha Legal
• 

  Commercial Courts Act. Loan or dispute with regard to loan not based on any mercantile document cannot be considered as ‘commercial dispute’ simply because the amount involved is above the specified value. Karnataka High Court.

  • 19-April-2024
  • Daksha Legal
• 

  Commercial Court is bound to order refund of the entire court fee when the matter is settled out of Court before recording evidence on the merits of the claim. Karnataka High Court.

  • 18-April-2024
  • Daksha Legal
• 

  Service Law. Disciplinary authority cannot go on holding enquiry after enquiry against an employee till the desired report is given by the enquiry officer. Karnataka High Court.

  • 18-April-2024
  • Daksha Legal
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  When Court dismisses suit for declaration of title over the property, it cannot grant consequential relief of injunction. Karnataka High Court.

  • 18-April-2024
  • Daksha Legal
• 

  Trademarks Act. ‘’Stay of proceedings where the validity of registration of the trademark is questioned’’ under Section 124 applies even to the alternative plea of passing off. Karnataka High Court.

  • 18-April-2024
  • Daksha Legal
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  Violation of Principles of Natural Justice itself is an independent ground for review of Judgment/order under Order 47 Rule 1 of the Civil Procedure Code. Karnataka High Court.

  • 18-April-2024
  • Daksha Legal
• 

  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
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  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