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  The limitation period for instituting probate proceedings for a Will is three years, as per the residuary provision of the Limitation Act, subject to specified exceptions. Karnataka High Court.

  • 21-December-2024
  • Daksha Legal
• 

  Arbitration and Conciliation Act. Application for referring the dispute to arbitration under Section 8 cannot be filed after the expiry of the outer limit to file the written statement. Karnataka High Court.

  • 21-December-2024
  • Daksha Legal
• 

  The Indian Succession Act, 1925, governs the succession of property owned by an Indian Christian, even if the beneficiary is a non-Indian national. There is no legal bar to a foreign national inheriting property in India. Supreme Court.

  • 20-December-2024
  • Daksha Legal
• 

  Executant of the Will having been admitted to ICU and dying within short span of time. Mere certificate of the doctor cannot prove the physical and mental competence of the executant. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Order 21 Rule 99 CPC. Detailed enquiry into the inter-se rights of the third party and the decree holder is necessary only when the third party has a subsisting right title or interest in the subject matter of the execution proceedings. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Constructive Resjudicata under Order II Rule 2 CPC. A prior suit for eviction and rent arrears does not preclude the filing of a fresh suit seeking damages for use of the premises following termination of the tenancy. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Change of khata in respect of a purchased site cannot be refused on the ground that the original layout is unauthorised and illegal or that the site falls within the park or other civic area. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Juvenile Justice (Care and Protection of Children) Act. Adoption of child born to minor rape victim. Consent of rape-accused biological father cannot be insisted for adoption of the child. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Pardon. Application under Section 306 of the Cr.P.C. is akin to seeking enlargement on bail, where a second application would be maintainable, but only on changed circumstances. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
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  Issuance of Hakkupatras by the Government in respect of private property and change of revenue entry amount to deemed acquisition. Landowner is entitled for payment of suitable compensation. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  Mere compliance with legal formalities does not necessarily prove the valid execution of a Will. The propounder must also dispel any suspicious circumstances surrounding the Will. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal
• 

  Foreign Contribution (Regulation) Act. Against rejection of an application for renewal of licence, appeal to High Court under 31(2) is not maintainable having regard to the revision provided under Section 32 of the Act. Karnataka High Court.

  • 19-December-2024
  • Daksha Legal