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  Purchaser from mortgagor is a necessary party in a suit for foreclosure filed by the mortgagee after the purchase. Decree for foreclosure obtained without making purchaser a party is void. Supreme Court

  • 17-August-2021
  • Daksha Legal
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  Supreme Court judgement on Telephone-tapping and subsequent developments.

  • 16-August-2021
  • Daksha Legal
• 

  Civil Procedure Code. Rejection of plaint on the ground of constructive resjudicata under Order 2 rule 2. Case law discussed. Karnataka High Court.

  • 10-August-2021
  • Daksha Legal
• 

  'Mortgage by way of Conditional Sale and a Sale with Condition to Purchase' - Supreme Court explains legal position.

  • 13-August-2021
  • Daksha Legal
• 

  Service Law. Typographical error or defect in application would not take away status of applicant. Application cannot be rejected on that ground. Karnataka High Court.

  • 20-July-2021
  • Daksha Legal
• 

  Criminal Procedure Code. Section 482. Criminal proceedings, which are otherwise civil in nature, and initiated with mala fide intention to wreck vengeance are liable to be quashed. Karnataka High Court.

  • 12-August-2021
  • Daksha Legal
• 

  Commissions for Protection of Child Rights Act, 2005. State or Central Commissions for child rights protection have NO power to adjudicate disputes or to give directions. Commissions can only make recommendations. Karnataka High Court.

  • 11-March-2019
  • Daksha Legal
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  Civil Procedure Code. Bar contained in special enactments ousting civil court jurisdiction does NOT apply to disputes inter-se between private parties. Supreme Court.

  • 10-August-2021
  • Daksha Legal
• 

  Land Acquisition. Challenge to land acquisition can be rejected by courts on the ground constructive resjudicata and res judicata. Issue regarding fraud already adjudicated binds subsequent proceedings. Karnataka High Court.

  • 02-August-2021
  • Daksha Legal
• 

  Civil Procedure Code. Order 7 rule 11. Plaint can NOT be rejected on the ground of res judicata. The question of res judicata can be tried as a preliminary issue. Supreme Court.

  • 09-August-2021
  • Daksha Legal
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  Unlike access to justice, forum convenience is not a fundamental right. Only the Chief Justice of High Court has power to allocate work to puisne judges of respective benches of High Court. Karnataka High Court clarifies.

  • 06-August-2021
  • Daksha Legal
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  'Even a rupee cannot be taken from a citizen as fee except in accordance with law' Karnataka High Court while quashing imposition of Ground Rent, Licence Fee, Building Licence Fee, Scrutiny Fee and Security Deposit by BBMP.

  • 04-August-2021
  • Daksha Legal