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  Land Acquisition Act. Application under Section 28-A for redetermination of the award can be filed by referring to an award passed under Section 18 without producing a certified copy of the said award. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
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  A second suit for partition of joint family properties is not maintainable if such properties were known to the parties at the time of a previous, comprehensive partition suit. Second suit violates the principles of res judicata under Order II Rule 2 of the Civil Procedure Code. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
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  Land acquisition. Strict pleading rules do not apply in reference cases for enhancement of compensation. The court's priority is to determine the true market value, and claims for enhanced compensation should not be dismissed due to minor discrepancies between pleadings and evidence. Karnataka High Court.

  • 23-June-2025
  • Daksha Legal
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  Land Acquisition Act. Delay caused in proceedings before the reference Court and/or the SLAO under Section 28A cannot be excluded for the purpose of calculation of interest on the compensation or enhanced compensation. Karnataka High Court.

  • 21-June-2025
  • Daksha Legal
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  A counterclaim under Order 8 Rule 6A of the CPC cannot be permitted after the framing of issues. Courts must not allow belated counterclaims if it would cause prejudice, unduly delay the process, or defeat the purpose of the amendment. Karnataka High Court.

  • 21-June-2025
  • Daksha Legal
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  Where a principal employer utilizes contract labor for essential, permanent, and perennial work, especially to bypass recruitment bans and in violation of the Contract Labour (Regulation and Abolition) Act, such employees are entitled for regularization. Karnataka High Court.

  • 21-June-2025
  • Daksha Legal
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  After issuing the policy, Insurance Company cannot avoid liability if the cheque towards premium is dishonoured unless the Insurer cancels the policy and intimates the insured. Karnataka High Court.

  • 20-June-2025
  • Daksha Legal
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  Acceptance of lesser share by father in ancestral properties in family partition will not prevent his son from claiming actual/correct share in the properties. Karnataka High Court.

  • 20-June-2025
  • Daksha Legal
• 

  Wife cannot be held liable under the N.I Act for dishonour of the cheque issued by her husband though the loan transaction is joint. Karnataka High Court.

  • 20-June-2025
  • Daksha Legal
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  Where property is sold under the Partition Act 1893, provisions of Order 21 Rules 84 & 85 CPC regarding mandatory deposit of entire balance sale price within 15 days do not apply. Court can extend time for such payment. Karnataka High Court.

  • 20-June-2025
  • Daksha Legal
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  Claim to property based on adverse possession. Period starts from the time of giving up the claim based on title. Plea of title and adverse possession are mutually inconsistent. Karnataka High Court.

  • 20-June-2025
  • Daksha Legal
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  'Rashness and negligence are multi-faceted concepts which cannot be comprehended and interpreted in isolation’. Mere driving of vehicle in high speed neither amounts to negligence nor rashness in itself. Karnataka High Court.

  • 19-June-2025
  • Daksha Legal