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  Suit for specific performance. When suit is filed after non-alienation period is over, the suit cannot be said to be barred by time especially when entire sale consideration is paid under the agreement of sale. Karnataka High Court.

  • 08-April-2023
  • Daksha Legal
• 

  Grant of Indian citizenship under the Citizenship Act, 1955. Mere surrender of foreign passport does not amount to renunciation of foreign citizenship. Karnataka High Court rejects the plea of minor children of Indian citizen holding Pakistan citizenship.

  • 08-April-2023
  • Daksha Legal
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  Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes. Karnataka High Court.

  • 06-April-2023
  • Daksha Legal
• 

  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
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  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
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  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
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  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