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  Complainant who reported illegal construction is a necessary party to proceedings initiated by owner of the building challenging demolition order. Karnataka High Court reiterates.

  • 03-December-2021
  • Daksha Legal
• 

  Adverse possession. Period begins to run not from the date of alleged possession but from the date when the possession becomes adverse to the owner. Karnataka High Court.

  • 03-December-2021
  • Daksha Legal
• 

  Reservation in elections to local bodies. 'Woman' is not a category, but a gender and repetition of reservation in favour of woman cannot be found fault with. Karnataka High Court.

  • 03-December-2021
  • Daksha Legal
• 

  Judgement on admissions. When tenancy and its termination is admitted in reply notice or pleadings, decree for ejection can be passed under XII Rule 6 CPC without trial of the suit. Karnataka High Court.

  • 03-December-2021
  • Daksha Legal
• 

  SARFAESI Act. Even person other than principal borrower, like tenant, can challenge the order passed under Section 14 only before the competent Tribunal. Writ petition is not maintainable. Karnataka High Court.

  • 03-December-2021
  • Daksha Legal
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  Formation of road by Corporation on private property without acquisition. Karnataka High Court directs payment of compensation to the owner.

  • 02-December-2021
  • Daksha Legal
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  A judgment and decree of injunction would operate perpetually. Decree holder can file execution when the decree is violated. Karnataka High Court.

  • 01-December-2021
  • Daksha Legal
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  An attesting witness not being privy to the contents of the document can not be roped in criminal case filed against the vendor for creating fraudulent document. Karnataka High Court.

  • 01-December-2021
  • Daksha Legal
• 

  Withdrawal of suit. There is no concept of trial and error in a litigation. A litigant cannot after having failed in the suit, be permitted to file a fresh suit by covering up the lacunae pointed out. Karnataka High Court.

  • 01-December-2021
  • Daksha Legal
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  Power of High Court to order further investigation of a crime at the instance of representatives of the deceased. Karnataka High Court discusses parameters of consideration.

  • 30-November-2021
  • Daksha Legal
• 

  Cr.P.C. Summons to produce documents or other thing under Section 91 can NOT be issued to authorities who are protected under law from divulging any information obtained during seizure etc. Karnataka High Court.

  • 30-November-2021
  • Daksha Legal
• 

  Medical negligence. In this era of super specialization, the doctor who performed surgery alone cannot be responsible for different aspects of treatment required and given to patient. Supreme Court

  • 30-November-2021
  • Daksha Legal