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  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
• 

  KIADB Act. Though no time limit is prescribed for publication of the final notification after the preliminary notification, if the final notification is not issued within two years, the acquisition will lapse. Karnataka High Court.

  • 09-October-2023
  • Daksha Legal
• 

  When earlier suit is dismissed for default, the same acts as resjudicata for the subsequent suit on the same cause of action. Plaintiff cannot contend that he has no duty to disclose dismissal of the earlier suit. Karnataka High Court.

  • 07-October-2023
  • Daksha Legal
• 

  A registered partition acts as complete disruption of the joint family status. Son born subsequent to the partition cannot seek reopening of the partition unless the partition was within his own family. Karnataka High Court.

  • 07-October-2023
  • Daksha Legal
• 

  Supari killing of Sulya KVG Medical College administrator. Karnataka High Court convicts six accused including the Director of the college.

  • 06-October-2023
  • Daksha Legal
• 

  Land Acquisition Act. If an application is filed to refer dispute to civil court, the authority concerned cannot refuse to make a reference under Section 30. Karnataka High Court.

  • 07-October-2023
  • Daksha Legal
• 

  Withdrawal of suit without liberty to institute a fresh suit as contemplated under sub-rule (3) of Order XXIII Rule 1 of the CPC operates as res judicata for fresh suit on the same cause of action. Karnataka High Court.

  • 06-October-2023
  • Daksha Legal
• 

  Sub-Registrar cannot insist on production of khata in the name of the vendor for admitting sale deed for registration. Karnataka High Court.

  • 06-October-2023
  • Daksha Legal
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  Copyright Act. When once positive action is taken by the copyright holder of infringement, action under Section 60 challenging groundless threat of legal proceedings would no longer survive. Karnataka High Court.

  • 06-October-2023
  • Daksha Legal
• 

  Covid scenario can be considered as force majeure for the purpose of extension of contract with the statutory authority. Karnataka High Court.

  • 06-October-2023
  • Daksha Legal