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  Arbitration and Conciliation Act. Application under Section 34 cannot be rejected on the ground that certified copy of the award was filed after the period of limitation and not along with the application. Karnataka High Court.

  • 31-October-2023
  • Daksha Legal
• 

  ''We must import a little commonsense into notices of this kind.'' Statutory notice akin to Section 80 CPC is not mandatory to make counter claim in a civil suit filed by the statutory body. Karnataka High Court.

  • 31-October-2023
  • Daksha Legal
• 

  Suit for specific performance. Even when possession was delivered prior to agreement of sale, the agreement shall be treated as the one coupled with possession and the stamp duty shall be paid accordingly. Karnataka High Court.

  • 31-October-2023
  • Daksha Legal
• 

  Post of primary school teacher is a 'civil post'. Only the Administrative Tribunal and not the High Court has jurisdiction to deal with the issue pertaining to the selection. Karnataka High Court.

  • 31-October-2023
  • Daksha Legal
• 

  Suit for partition. When one co-sharer is in possession of the properties, all other co-sharers are presumed to be in possession on the basis of joint title. Karnataka High Court.

  • 26-October-2023
  • Daksha Legal
• 

  Examination of attesting witness to prove registered Gift deed becomes necessary only if the executant denies the deed. Karnataka High Court.

  • 25-October-2023
  • Daksha Legal
• 

  Suit for partition. Mere purchase of property in the name of co-sharer does not prove self acquisition when there is joint family nucleus and when independent income is not proved. Karnataka High Court.

  • 23-October-2023
  • Daksha Legal
• 

  Question of limitation in a suit for partition arises only if defendants prove ouster of plaintiff from the joint family properties. Karnataka High Court.

  • 22-October-2023
  • Daksha Legal
• 

  Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.

  • 19-October-2023
  • Daksha Legal
• 

  Rejection of Plaint. When plaint is sought to be rejected on a pure question of law, the application cannot be dismissed on the ground that the same shall be considered on a full-fledged trial. Karnataka High Court.

  • 17-October-2023
  • Daksha Legal
• 

  Father is liable to pay maintenance to the major daughters and also their marriage expenses. Karnataka High Court.

  • 16-October-2023
  • Daksha Legal
• 

  Bail application of an accused for the offences punishable under Section 376(3), 376-AB, 376DA or 376-DB of IPC or under POCSO Act cannot be heard without giving opportunity of being heard to the informant/victim. Karnataka High Court.

  • 14-October-2023
  • Daksha Legal