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  Hindu Succession Act, 1956. When propositus dies prior to 1956 leaving ancestral properties, the entire ancestral properties vest in surviving male coparceners excluding the daughters. Karnataka High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Land acquisition. When large extent of land is acquired and gigantic financial implications are involved, hearing all the stake holders/beneficiaries regarding enhancement/reduction of compensation would infuse a sense of justice in them. Karnataka High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Commercial transaction. Imposition of an exorbitant interest in the background of contemporary commercial practices cannot be branded as against public policy or against the fundamental policy of Indian Law. Delhi High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Memo for withdrawal of a case does not require signature of the litigant since the Advocate is fully authorised to take action on behalf of the clients in the vakalat itself. Nevertheless, it is prudent for advocates to obtain written instructions from their clients prior to withdrawing the case. Karnataka High Court.

  • 29-November-2024
  • Daksha Legal
• 

  Adoption relating back. Position before 1956. An adopted son could inherit his adoptive father's property, even if his mother had inherited it after his father's death. This would override the mother's claim to the property. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal
• 

  Notwithstanding its classification as agricultural land in official records, the market value of land situated within the municipal limits of a city corporation shall be taken into account for the purpose of determining court fees. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Prolonged and illegal delay of 17 years in executing sale deed in favour of auction purchaser. Karnataka High Court directs Urban Development Authority to pay ground rent towards deprivation of usage of the property.

  • 29-November-2024
  • Daksha Legal
• 

  N.I. Act. When an accused challenges complainant's financial capacity in support of a potential defense, the complainant must provide evidence to prove his financial capacity, despite the presumption under Section 139. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Land acquisition. Landowners covered by the RFCTLARR Act 2013 and landowners covered by the National Highways Act are entitled to the same amount of compensation fixed under the RFCTLARR Act 2013. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
• 

  Defamation. Section 19 CPC. Suit can be filed in the Court within whose jurisdiction the defamatory content is disseminated or sold, regardless of the defendant's place of residence or business. Karnataka High Court.

  • 28-November-2024
  • Daksha Legal
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  Arbitration and Conciliation Act. For ‘sufficient cause’, Court has the power and jurisdiction to extend the mandate of the Arbitral Tribunal under Section 29A(4). Supreme Court.

  • 27-November-2024
  • Daksha Legal
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  Hindu Succession Act. The bar under Section 6 of the Hindu Succession Act, 1956 to claim equal share in the ancestral properties sold or partitioned before 2004, is not applicable to self-acquired properties of the propositus. Karnataka High Court.

  • 27-November-2024
  • Daksha Legal