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  Caveat filed in the Original Suit in the original jurisdiction shall be put up and considered in the Commercial Suit between the parties. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
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  Maintenance and Welfare of Parents and Senior Citizens Act. Appeal under Section 16 of the Act can be filed solely by senior citizens or parents, excluding all others, including children and transferee. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
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  Providing reasons while granting ex parte order of injunction is mandatory. Appeal Order 43 Rule 1(r) of CPC is maintainable if an ex parte order of injunction is granted without reasons. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
• 

  Minimum Wages Act. Notification under Section 5(1) though a subordinate legislative piece, precedes the statutory process and must be informed by compliance of principles of natural justice by giving the party interested a hearing. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
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  When a caveat is filed so long as the name of the caveator and caveated whom it is filed match, the said caveat is required to be put up in the suit/application/proceedings, irrespective of the classification, if any, shown in the caveat. Karnataka High Court.

  • 07-January-2025
  • Daksha Legal
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  Objection regarding jurisdiction over the subject matter can be raised even in the second appeal. Objection with respect to territorial or local jurisdiction and pecuniary jurisdiction shall be raised at the earliest stage. Karnataka High Court.

  • 06-January-2025
  • Daksha Legal
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  A living person has no heir under the Mohammedan Law. The right of an heir-apparent comes into existence for the first time on the death of the ancestor, and not before that. Supreme Court.

  • 04-January-2025
  • Daksha Legal
• 

  Plea of res judicata can be given effect only when the litigating parties are the same, the subject matter of suits are identical and the matter must have been finally decided between the parties by a Court of competent jurisdiction. Supreme Court reiterates.

  • 04-January-2025
  • Daksha Legal
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  Minimum Wages Act. Employers and Employers Association have interest in the matter of fixation of minimum wages. Notification under the Act cannot be challenged without making employers/association as parties to the writ petition. Karnataka High Court.

  • 03-January-2025
  • Daksha Legal
• 

  Gift under the Mohammedan Law. If the conditions prescribed by law are fulfilled, the gift is valid, even though it is not registered. If the conditions are not fulfilled, the gift is not valid even though it is registered. Supreme Court.

  • 02-January-2025
  • Daksha Legal
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  Order XXVI Rule 9 of CPC. In a suit for permanent injunction/possession, commissioner cannot be appointed to find out location, boundaries and details of the property. The plaintiff must be definite about the suit schedule property. Karnataka High Court.

  • 31-December-2024
  • Daksha Legal
• 

  The purpose of mutation entry is only limited to revenue records. They do not, in any way, translate to or confer any title in regard to the subject matter property. Supreme Court.

  • 30-December-2024
  • Daksha Legal