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  High Court cannot pass any ad interim order even for a limited period, before framing substantial question of law, while dealing with a second appeal filed under Order XLI read with Section 100 Civil Procedure Code. Supreme Court.

  • 21-January-2025
  • Daksha Legal
• 

  Amendment of pleadings. When a defendant has acquired a right due to the limitation period, this right cannot be taken away through an amendment of the plaint. When the status of a party is disputed, steps must be taken at the earliest to amend the pleadings. Karnataka High Court.

  • 21-January-2025
  • Daksha Legal
• 

  Arbitration and Conciliation Act. District Court in a suit filed under Section 34 of the Act has only power either to confirm the order passed by the Arbitrator or set aside the order and remand the matter to the Arbitrator. The award cannot be modified. Karnataka High Court.

  • 20-January-2025
  • Daksha Legal
• 

  In a suit for injunction, if the defendant disputes the plaintiff's title, the court must permit an amendment to the plaint to include a prayer for declaration of title. Karnataka High Court.

  • 20-January-2025
  • Daksha Legal
• 

  An agreement for sale executed within 15 years of a non-alienation clause under Section 61 of the Karnataka Land Reforms 1961 Act is illegal. Consequently, a party relying on such an agreement is not entitled to seek specific performance. Karnataka High Court.

  • 20-January-2025
  • Daksha Legal
• 

  Adoption of a married person having children. Children born after the adoption cannot claim right in the original family of their father since the father and the children born after the adoption are transplanted to the adoptive family. Karnataka High Court.

  • 20-January-2025
  • Daksha Legal
• 

  A prior suit for injunction does not bar a subsequent suit for specific performance under Order 2 Rule 2 CPC, if the plaintiff was legally precluded from seeking specific performance in the earlier suit. Supreme Court.

  • 20-January-2025
  • Daksha Legal
• 

  Hindu Law. Mother cannot act as karta. Alienation of minor’s share in the ancestral property by the mother after the death of her husband is not binding on the minor son who can seek partition without the necessity of challenging the transfer. Karnataka High Court.

  • 18-January-2025
  • Daksha Legal
• 

  Hindu Law. When a married person having children is taken in adoption, children born before the adoption are not transplanted to the adopted family and continue to be the grandchildren in the original family. Their right to partition in that branch is not affected. Karnataka High Court.

  • 18-January-2025
  • Daksha Legal
• 

  Subsequent suit in respect of a claim which was barred at the time of the earlier suit but revived later on by an enactment would not be hit by the provisions of Order II Rule 2 CPC. Supreme Court.

  • 18-January-2025
  • Daksha Legal
• 

  Civil Court cannot entertain suit challenging the award passed by the Lok Adalath on a compromise, if such suit is filed by the parties to such award or any of the parties claiming through the parties to the said award. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal
• 

  Section 92 of the CPC is for the purpose of proper administration of a trust and deals with its internal management. Suit filed against the third parties does not come within the purview of Section 92. Karnataka High Court.

  • 17-January-2025
  • Daksha Legal