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  Shocking misuse of SC/ST (Prevention of Atrocities) Act for financial gains. Karnataka High Court orders recovery of legal aid paid to the complainant while quashing frivolous case.

  • 11-October-2023
  • Daksha Legal
• 

  Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.

  • 11-October-2023
  • Daksha Legal
• 

  Suit for specific performance. When vendor himself does not adhere to time limit under the agreement of sale, he cannot take the plea of time being essence of the contract. Karnataka High Court. 

  • 10-October-2023
  • Daksha Legal
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  Widow of coparcener cannot be disqualified from inheriting her husband's share in the joint family properties on the ground of she leading an unchaste and immoral life. Karnataka High Court. 

  • 10-October-2023
  • Daksha Legal
• 

  Grant of lands under the Karnataka Land Revenue Act. There is no restriction that the land shall not be granted to more than one member of the same family. Karnataka High Court.

  • 10-October-2023
  • Daksha Legal
• 

  Right of a daughter under Section 8 of Hindu Succession Act is not affected by alienation after death of father and before amendment to Section 6 of Hindu Succession Act. Karnataka High Court. 

  • 11-October-2023
  • Daksha Legal
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  Suit for specific performance by purchaser against seller - question of ownership over the property does not assume importance. Purchaser can purchase the property from a person with defective title at his risk. Karnataka High Court.  

  • 10-October-2023
  • Daksha Legal
• 

  Prevention of Corruption Act. Material furnished by the Investigating Officer need not be subjected to a microscopic examination before according approval to investigate a public servant. Karnataka High Court.

  • 10-October-2023
  • Daksha Legal
• 

  Hindu Succession Act. Mother as class-I heir is entitled to a share in her deceased son’s property. Her death during the suit/appeal will not alter the situation since Section 15 gets attracted. Karnataka High Court.

  • 09-October-2023
  • Daksha Legal
• 

  Hindu Adoption and Maintenance Act. Parties governed by the Bombay School of law though residing in Karnataka can adopt a person who has attained the age of majority. Karnataka High Court.

  • 09-October-2023
  • Daksha Legal
• 

  Prevention of Corruption Act. ‘’According approval to investigate’’‘ is different from ’Sanction to prosecute’’. It is mandatory to obtain two different and separate approvals for investigation and for prosecution. Karnataka High Court.

  • 09-October-2023
  • Daksha Legal
• 

  When there is a doubt as to whether an unregistered document is partition deed or relinquishment deed, it can be adjudicated only during the trial. Trial Court cannot refuse to accept it in evidence by conducting a mini trial. Karnataka High Court.

  • 09-October-2023
  • Daksha Legal