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  Challenge to Gift deed on the ground of fraud. Burden of proving absence of fraud, misrepresentation or undue influence is on the person in a fiduciary relationship and dominant position. Karnataka High Court.

  • 15-April-2023
  • Daksha Legal
• 

  Suit for permanent injunction. Pendency of tenancy dispute under Land Reforms before Tribunal does NOT prevent civil court to deal with issue of possession and to grant temporary/permanent injunction. Karnataka High Court.

  • 12-April-2023
  • Daksha Legal
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  Karnataka Societies Registration Act. Erstwhile office members cannot process election to the Society after the appointment of an administrator merely because the administrator has not taken charge. Karnataka High Court.

  • 13-April-2023
  • Daksha Legal
• 

  IPC. Section 306. To constitute the offence under Section 306, IPC, the accused must have played an active role by act of instigation or doing certain act to facilitate the commission of suicide. Karnataka High Court.

  • 13-April-2023
  • Daksha Legal
• 

  When the earlier extension of time for investigation, granted in the absence of the accused, was not challenged and the second extension was in his presence, the accused is not entitled to be released on statutory/default bail. Supreme Court.

  • 13-April-2023
  • Daksha Legal
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  Suit for recovery of arrears of rent. Landlord cannot claim enhanced rent under the lease deed which requires registration but not registered. Karnataka High Court.

  • 14-April-2023
  • Daksha Legal
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  Though sale in violation of non-alienation clause is voidable, if no action is taken against the purchaser or the sale for long time, by virtue of Section 27 of the Limitation Act, the purchaser gets his title perfected. Karnataka High Court.

  • 13-April-2023
  • Daksha Legal
• 

  Satisfaction of either of the conditions i.e. taking possession of the acquired land or payment of compensation would be sufficient to save the acquisition from being lapsed in terms of Section 24(2) of the 2013 Act. Supreme Court reiterates.

  • 13-April-2023
  • Daksha Legal
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  Insurance against acts of fraud or dishonesty committed by agent. Issuance of a fake bank guarantee by agent is a dishonest act and hence covered under the Insurance Policy. Karnataka High Court.

  • 12-April-2023
  • Daksha Legal
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  “Keep your house in order so that common man does not bear the brunt of unnecessary litigation.” Karnataka High Court orders grant of interest to HUF in the Post Office Public Provident Fund Scheme deposit.

  • 12-April-2023
  • Daksha Legal
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  Section 4 of the Limitation Act excluding last day falling on a public holiday is not applicable to the 30 days’ discretionary condonable period under Section 34(3) of the Arbitration Act. Supreme Court.

  • 12-April-2023
  • Daksha Legal
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  Unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered may be received as evidence of a contract in a suit for specific performance. Supreme Court.

  • 12-April-2023
  • Daksha Legal