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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
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  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
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  When a judgment is stayed, ordinarily, it is not prudent to press them into service as a binding rule, since its precedential force is in suspended animation. Karnataka High Court.

  • 05-April-2023
  • Daksha Legal
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  Caveat cannot curtail Court’s power to pass interim orders when party approaching court makes out an extraordinary circumstance in the presence of caveator. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
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  Plea of alternative remedy is a self-imposed restriction by the superior Courts and is never an absolute bar unless barred by the statute. Supreme Court.

  • 01-April-2023
  • Daksha Legal
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  Decree for specific performance of sale agreement against allottee of a site can be enforced against the allotter BDA even when the BDA was not a party to the suit. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
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  The amendment of 2022 to the KIADB Act incorporating the provisions of land acquisition 2013 Act is prospective in operation, notwithstanding the word ‘deemed’ occurring therein. Karnataka High Court.

  • 03-April-2023
  • Daksha Legal
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  Filing of Caveat cannot curtail Court’s power to pass interim orders when party approaching court makes out an extraordinary circumstance in the presence of caveator. Karnataka High Court.

  • 31-March-2023
  • Daksha Legal
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  Plaint cannot be rejected on the plea of resjudicata since the adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the previous suit which are beyond the scope of Order 7 Rule 11 (d), CPC. Supreme Court

  • 31-March-2023
  • Daksha Legal
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  Executing Court can order arrest of the judgement debtor on oral application of the decree holder, without issuing arrest notice, only if the judgement debtor is within the precincts of the Court. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  Motor Vehicles Act. Person who has a driving licence to drive a light motor vehicle can also drive a transport vehicle which has an unladen weight less than 7500 kg. Insurance company is liable to pay compensation. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal
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  Industrial Disputes Act, 1947. Pendency of disciplinary proceedings cannot be a ground to deny the status of a protected workman unless the workman is also involved in criminal cases. Karnataka High Court.

  • 30-March-2023
  • Daksha Legal