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  If the legal representatives of a deceased party are not substituted, causing the decree against them to attain finality, the court cannot proceed further where reversal or modification would lead to conflicting decrees. In such cases, the entire appeal abates. Supreme Court.

  • 29-August-2025
  • Daksha Legal
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  Suit for partition. Once a Plaintiff contends that he has separated from the joint family, properties bought subsequent to the said separation cannot be included in the suit for partition filed subsequently. Karnataka High Court.

  • 29-August-2025
  • Daksha Legal
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  Change of Khata cannot be refused only on the basis of third party objections when the applicant claims title under a registered sale deed/title deed. Karnataka High Court.

  • 29-August-2025
  • Daksha Legal
• 

  Even an earlier registered sale deed does not confer right over property declared subsequently as Wakf property as long as the declaration is not set aside. Karnataka High Court.

  • 29-August-2025
  • Daksha Legal
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  Karnataka Court Fees and Suits Valuation Act. While multiple reliefs may be aggregated for computing court fees, the determination of the appellate forum depends only on the highest valued relief. Aggregating valuations to artificially invoke the jurisdiction of a higher court is not impermissible. Karnataka High Court.

  • 28-August-2025
  • Daksha Legal
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  A challenge to gift deed affecting joint undivided properties requires impleadment of all affected parties to avoid multiplicity of proceedings and to enable a comprehensive adjudication. The omission to do so renders the suit partly defective. Karnataka High Court.

  • 28-August-2025
  • Daksha Legal
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  Original digital photographs stored on a compact disk or similar electronic medium are considered akin to negatives and are admissible as evidence in court, provided they are accompanied by a certificate under Section 65B of the Evidence Act. Karnataka High Court.

  • 28-August-2025
  • Daksha Legal
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  Employees’ Compensation Act. Principal employer is liable for compensation to a contractor’s worker if the work forms part of the principal’s trade or business, even without direct contract. ‘Business’ is to be interpreted broadly, covering all undertakings, not just profit-making ones. Karnataka High Court.

  • 28-August-2025
  • Daksha Legal
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  A proprietorship concern is not a juristic person, but rather a trade name for an individual who is the real party in a lawsuit. Substituting the proprietor's name for the trade name does not change the cause of action, and a plaint cannot be rejected on this basis. Supreme Court.

  • 28-August-2025
  • Daksha Legal
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  Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act. A landowner holds the preferential right to redevelop his land, and government acquisition is subordinate to this right. Acquisition can be initiated only if the landowner, after being given a reasonable opportunity, fails to submit a redevelopment scheme to the Slum Rehabilitation Authority. Supreme Court.

  • 25-August-2025
  • Daksha Legal
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  Karnataka Court Fees and Suits Valuation Act. Suit for cancellation of a gift deed without monetary value. Court fee is payable under Section 24(d) and not Section 38, since ‘value of the subject matter’ does not mean market value and love and affection in a gift deed cannot be monetarily assessed. Karnataka High Court.

  • 25-August-2025
  • Daksha Legal
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  A registered sale deed cannot be unilaterally cancelled by a government authority, even on the plea of fraud. The proper course of action for the aggrieved party is to challenge the deed in a competent Civil Court. Karnataka High Court.

  • 25-August-2025
  • Daksha Legal