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  Order passed on an application under Order XXI Rule 90 read with Section 47 of the Code of Civil Procedure operates as res judicata thereby barring a subsequent suit for declaration and possession. Supreme Court.

  • 13-December-2024
  • Daksha Legal
• 

  Urban Land (Ceiling and Regulation) Act. When lawful possession was not taken under Section 10(5) and 10(6) of the Act, the landowners can seek restoration of the excess land. Karnataka High Court.

  • 13-December-2024
  • Daksha Legal
• 

  ‘’No women in Bharatha would leave voluntarily matrimonial home of husband’’. Non-compliance of decree of restitution of conjugal rights cannot be a ground for not granting maintenance under section 125(4) of Cr.P.C. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Registrar has no power to pass interlocutory order attaching the properties, freezing the Bank Account, injuncting the Society from selling the property without any pending proceeding against the Co-operative Society. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal
• 

  Service Law. Deemed suspension of an employee would continue even after his detention comes to an end by virtue of enlargement on bail or otherwise till after the competent authority issues a formal order revoking the suspension. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal
• 

  The provisions for compensation under the Railways Act are to be construed broadly and liberally. Passenger with valid ticket travelling beyond his destiny cannot be ground to discard the claim. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal
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  Usage of a portion of residential building for non-residential activities cannot be a reason to cancel allotment of house site especially when the site falls within municipal corporation area. Karnataka High Court.

  • 12-December-2024
  • Daksha Legal
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  Pardon. Co-accused has a right to question the order granting pardon under Section 306 of the Cr.P.C., only insofar as it pertains to procedural aberration and not on its merits. Karnataka High Court.

  • 11-December-2024
  • Daksha Legal
• 

  Family Courts Act. Suit for declaration regarding marital status between two ladies claiming to be the legally wedded wife of a certain person falls within the jurisdiction of the family court and not the civil court. Karnataka High Court.

  • 11-December-2024
  • Daksha Legal
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  Hindu Succession Act. Partition of ancestral properties prior to 2004 amendment does not affect rights of daughters in the ancestral property notionally allotted to the father. Karnataka High Court.

  • 10-December-2024
  • Daksha Legal
• 

  Karnataka Agricultural Produce Marketing (Regulation) Act. Purchase of food grains exclusively for personal use in the poultry farm, not for trade, does not require license under the Act.

  • 10-December-2024
  • Daksha Legal
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  Karnataka Co-Operative Societies Act. Certificate of award issued by the Registrar or his authorized representative is equivalent to a decree of a Civil Court and may be executed before the Civil Court accordingly. Karnataka High Court.

  • 10-December-2024
  • Daksha Legal