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  Right of the defendant to file a separate suit for partition in respect of properties not included in the plaint is not barred merely because he did not make counter claim in respect of the omitted property. Karnataka High Court.

  • 22-July-2023
  • Daksha Legal
• 

  Freedom fighters’ pension. The proof required must be as provided in the pension scheme itself. As long as such proof was not available, the benefit cannot be granted. Karnataka High Court, while following the Supreme Court Judgment.

  • 22-July-2023
  • Daksha Legal
• 

  Disaster Management Act, 2005. No prosecution can be launched for the offence under Section 51, (Punishment for obstruction, etc), without first issuing notice to the person against whom complaint is said to be made. Karnataka High Court.

  • 21-July-2023
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. Period of 30 months for Adhyaksha/Upadhyakshah has to be calculated from the date of result of the election. The delay in holding the first meeting would not add any period to their term. Karnataka High Court.

  • 21-July-2023
  • Daksha Legal
• 

  Section 319 Cr.P.C. Power to proceed against other persons appearing to be guilty of offence. Karnataka High Court upholds summoning of the Senior Sub-Registrar for the alleged fraud in the registration of gift deeds.

  • 21-July-2023
  • Daksha Legal
• 

  Judgment of the foreign Court is not executable in India if the same is not on merits. Even when the defendant is placed exparte, the judgment ought to be the one based on evidence led by the plaintiff. Karnataka High Court.

  • 20-July-2023
  • Daksha Legal
• 

  Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Grant of temporary injunction in suit based on defamation. Issue regarding territorial jurisdiction goes to the root of the matter and the Court must consider this issue before considering other aspects. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
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  Sale cannot be set aside under Order XXI Rule 90 CPC unless there is material irregularity which has resulted substantial injury to the judgment-debtor. Karnataka High Court.

  • 19-July-2023
  • Daksha Legal
• 

  Workmen’s Compensation Act. Total disablement under Section 2 (1) (I) is the ‘functional disability’ and not just the ‘physical disability’ which is the determining factor in assessing whether the claimant has incurred total disablement. Supreme Court.

  • 19-July-2023
  • Daksha Legal
• 

  Adoption of child precedes proper ceremonies being performed. Mere adoption deed without proof of required ceremonies does not prove adoption. Karnataka High Court.

  • 18-July-2023
  • Daksha Legal