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  Resjudicata applies even to wrong decisions. Judgment which has attained finality intra-parties cannot be re-opened simply because the legal position is altered in another subsequent judgment. Karnataka High Court.

  • 26-July-2023
  • Daksha Legal
• 

  Unregistered relinquishment deed can be relied on for the collateral purpose of proving earlier partition and division of joint family status as recited in the deed. Karnataka High Court.

  • 25-July-2023
  • Daksha Legal
• 

  Suit for partition. Appointment of court commissioner during the proceedings to find out the existence of building etc would be unnecessary since such an exercise can be undertaken at the time of final decree proceedings. Karnataka High Court.

  • 25-July-2023
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayath Raj Act. Holding contractor’s licence under the GESCOM/KPTCL amounts to an ‘office of profit’. Such person is disqualified from contesting election. Karnataka High Court.

  • 25-July-2023
  • Daksha Legal
• 

  Suit for specific performance. Defendant who never questioned financial capacity of the plaintiff to perform his part of the obligation under the contract, cannot raise it for the first time in the appeal. Karnataka High Court.

  • 25-July-2023
  • Daksha Legal
• 

  Karnataka Rent Act, 1999. Second revision petition under Section 115 of CPC is maintainable as against the revisional order passed by the District Court under Section 46. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Second wife cannot initiate criminal proceedings against the husband for the offence under Section 498-A of IPC. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Criminal law. To impose the extreme punishment, all the three tests; Crime test, Criminal test and Rarest rare test must be satisfied. Karnataka High Court converts imprisonment till last breath of life to life imprisonment.

  • 24-July-2023
  • Daksha Legal
• 

  Karnataka Public Premises (Eviction of unauthorized occupants) Act is not a bar for the public authority to file for eviction against a dismissed employee seeking possession of the service quarters. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Suit regarding public trust. It is not necessary that the plaint with documents shall be filed only after the leave is granted. The Court can form an opinion to grant leave on going through the pleadings. Karnataka High Court.

  • 24-July-2023
  • Daksha Legal
• 

  Offences under the Wildlife Protection Act. Court can take cognizance only on the complaint filed by the authorized officer and not on the charge sheet submitted by the jurisdictional police. Karnataka High Court.

  • 22-July-2023
  • Daksha Legal
• 

  Sub-tenant claiming under tenant is not entitled to notice under Section 106 of the Transfer of Property Act. Termination of the tenancy would, as a matter of course, affect the sub-lease as well. Karnataka High Court.

  • 22-July-2023
  • Daksha Legal