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  Limitation for suit for comprehensive relief of declaration and possession is 12 years under Article 65 and not 3 years under Article 58 of the Limitation Act. Karnataka High Court.

  • 07-April-2023
  • Daksha Legal
• 

  Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. Karnataka High Court.

  • 07-April-2023
  • Daksha Legal
• 

  Election Law. Purchase of Medi Assist Policies by a candidate prior to nomination but distribution of the same after the nomination would amount to bribery in terms of Section 123 of the R.P. Act. Karnataka High Court.

  • 06-April-2023
  • Daksha Legal
• 

  Bank cannot withhold security documents on the ground that the mortgagee sold the property to a third party during the mortgage period when the entire loan amount is paid to the Bank. Kerala High Court.

  • 06-April-2023
  • Daksha Legal
• 

  Being physically handicapped by itself is not a favourable factor in considering the bail application of the accused when the gravity of the offence is serious in nature. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
• 

  E-Auction. Court cannot telescope its imagination into the intricate details of conduct of e-auction since it does not possess expertise to sit in the armchair of experts. Karnataka High Court.

  • 06-April-2023
  • Daksha Legal
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  Order XVIII Rule 17 of CPC. To recall the witness, there should be demonstrable bonafides in filing applications and the application should be filed without any delay. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
• 

  Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
• 

  Karnataka SC-ST (PTCL) Act, 1978. In an appeal under Section 5A of the Act by the grantee, Deputy Commissioner can NOT stay mutation entry in the name of subsequent purchaser. Remedy is only under the Karnataka Land Revenue Act. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
• 

  Attachment before judgment in a suit for damages for defamation cannot be passed since the claim for damages is not an ascertained sum arising from a transaction between the parties. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
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  Attachment before judgment. The plaintiff must be able to demonstrate that on the day when the suit was filed, the defendant owed to him in a certain sum of money on account of a transaction between them. Karnataka High Court.

  • 01-April-2023
  • Daksha Legal
• 

  Karnataka High Court invokes the principle of “Full faith and credit clause” under Article 261 to bind statutory body BDA to comply with intra-party decree even though BDA was not party to the suit.

  • 05-April-2023
  • Daksha Legal