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  In a suit for specific performance, a third party who demonstrates a direct interest in the suit property on the basis of a prior agreement of sale and an irrevocable power of attorney from the original owners is a necessary party, as their presence is essential for the complete and effective adjudication of the dispute. Karnataka High Court.

  • 15-October-2025
  • Daksha Legal
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  Prevention of Money Laundering Act. The Appellate Tribunal does not possess the inherent power to remand a case back to the Adjudicating Authority. The Appellate Tribunal is a creature of Statute with limited, specifically conferred powers, and the Act does not explicitly vest the power of remand in the Appellate Tribunal. Karnataka High Court.

  • 15-October-2025
  • Daksha Legal
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  When a decree passed against dead respondent in the first appeal is declared as nullity by the High Court in the second appeal, the first Appellate Court retains jurisdiction to entertain applications for bringing the legal representatives of the deceased respondent on record. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Hindu Minority and Guardianship Act. The requirement of prior court permission under Section 8 does not extend to an agreement of sale executed by a natural guardian. A suit for specific performance cannot be dismissed solely for want of such permission. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Suit for partition. A property acquired by a female through a sale deed and subsequently gifted to another person cannot be subjected to partition especially during her lifetime, unless the plaintiffs establish a pre-existing right in that property. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Prohibition of Benami Property Transactions Act. Issuance of notice to the beneficial owner under Section 24 is mandatory when the Initiating Officer is aware of their identity. Failure to provide the beneficial owner an opportunity of hearing vitiates the subsequent attachment and adjudication orders. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  General Clauses Act. When the last date for filing a quarry lease renewal application falls on a Sunday or any public holiday, the statutory period for submission automatically extends to the next working day. Rejection of an application filed on the next working day is unsustainable. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Karnataka Town and Country Planning Act. Requirement of obtaining approval for a single plot layout under Section 17 is prospective and does not apply to lands developed and established prior to declaration of the area as Local Planning Area. Karnataka High Court.

  • 13-October-2025
  • Daksha Legal
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  Arbitration and Conciliation Act. When a suit involves a dispute governed by an arbitration clause in an agreement between the parties, the Civil Court's jurisdiction is ousted. The court must return the plaint even if the suit includes prayers like declaration and injunction or redemption of mortgage. Karnataka High Court.

  • 13-October-2025
  • Daksha Legal
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  A suit for partition based on the continued existence of joint family property is liable to be dismissed when the evidence demonstrates that the family's joint status was severed by prior partial partitions and by the subsequent division of the remaining properties under a Will executed by the propositus. Karnataka High Court.

  • 13-October-2025
  • Daksha Legal
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  Once an order of regrant under the Karnataka Certain Inams Abolition Act attains finality, the Civil Court’s jurisdiction to review or revisit it is impliedly barred. The Court retains jurisdiction to grant reliefs such as declaration or injunction based on the finalized regrant order. Karnataka High Court.

  • 13-October-2025
  • Daksha Legal
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  Karnataka Village Offices Abolition Act. When Inam lands are re-granted by the government to the senior-most male member of the family, such re-grant is presumed to enure to the benefit of all the members of the joint family. Karnataka High Court.

  • 13-October-2025
  • Daksha Legal