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  Order XXI Rule 90(3) CPC. An application to set aside a judicial sale is not maintainable on grounds which the applicant could and ought to have raised on or before the date of settlement of the sale proclamation. Where the judgment debtor, during his lifetime, fails to challenge the execution proceedings or the sale proclamation, his legal representatives cannot subsequently resurrect such barred objections. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal
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  Order VI Rule 17 CPC. When the essential factual basis is already present in the original pleadings, a post-trial amendment sought merely to 'elaborate' or 'cover up latches' defeats the objective of a speedy trial and is liable to be denied. Karnataka High Court.

  • 22-April-2026
  • Daksha Legal
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  A second wife, during the subsistence of her husband’s first marriage, is not a legal heir of her deceased husband. She is not entitled to a share in his property, and her right is limited only to maintenance. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  Negotiable Instruments Act: Recording of the statement of the accused under Section 313 Cr.P.C. after the sworn statement of the complainant, but before the cross-examination, is not fatal to the proceedings under the Act, especially when the complainant’s statement was recorded in the presence of the accused. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  Lawyers vs Media Clash. Where the prosecuting agency, despite liberty reserved by the Court, remains inactive for an inordinate period and subsequently seeks to revive criminal proceedings on the same unaltered factual foundation, such revival cannot be construed as a legitimate exercise of liberty but amounts to its misuse. Karnataka High Court quashes proceedings against TV9.

  • 21-April-2026
  • Daksha Legal
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  Negotiable Instruments Act: After the introduction of the Electronic Clearance System, manual intervention is dispensed with, and a bank endorsement without a specific seal or signature of a bank officer is valid in law. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  Order 2 Rule 2 CPC. Where the right to relief in respect of which a further suit is brought did not exist at the date of institution of the former suit, the subsequent suit is not barred. Supreme Court.

  • 21-April-2026
  • Daksha Legal
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  Criminal Law. Filing of chargesheet without FSL report, DNA report, CDRs does not denude it of its character as a final report in the eye of law nor does it revive or confer upon the accused, a right to claim statutory bail. Karnataka High Court.

  • 21-April-2026
  • Daksha Legal
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  SARFAESI Act. Bar under Section 34 does not apply where a plaintiff alleges that a mortgage was created through fraud or that the title documents held by the bank are forged,. When a suit is filed for a declaration of title and a challenge is made to the validity of the mortgage on the grounds of fraud, plaint cannot be rejected under Order VII Rule 11 CPC. Karnataka High Court. 2026 Daksha Legal Kar 173

  • 20-April-2026
  • Daksha Legal
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  Karnataka Public Premises (Eviction of Unauthorized Occupants) Act. Proceedings under the Act are summary in nature. Provisions of CPC which pertain to interrogatories and the discovery of documents, are not applicable the proceedings. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal
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  Karnataka Stamp Act. The power to impound document under Section 33 is not lost simply because a document has already been admitted or marked as an exhibit. The bar against reopening the admissibility applies if the Court had specifically applied its mind and made a 'judicial determination' regarding the sufficiency of the stamp duty at the time of admission. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal
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  The Revenue authorities cannot initiate proceedings to cancel land grants or delete entries from the Record of Rights after an inordinate and unexplained delay. Failure of the State to maintain its own records cannot be used as a ground to penalize bona fide holders of the land. Karnataka High Court.

  • 20-April-2026
  • Daksha Legal