• 

  Contract Act. Section 65. Vendor cannot refuse to refund advance amount to the purchaser on the ground that the sale agreement itself was void or illegal. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Principle of ‘’Boundaries prevail over Measurements’’ would not apply when the measurement/extent given in the document is clear, definite, specific, unambiguous and certain. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  ‘’Power of review is a creature of Statute’’. Deputy Commissioner has no power to review the order under the Karnataka Land Revenue Act. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Limitation Act. When plaintiff's title is not in dispute and the plea of adverse possession fails, suit for possession based on title cannot be said to be barred by time under Section 65. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Objection relating to the inherent jurisdiction of the trial Court can be raised even for the first time before the appellate Court. Karnataka High Court.

  • 21-June-2024
  • Daksha Legal
• 

  Children of predeceased brother are also entitled to succeed to the property of the prepositus under the Mysore Hindu Law Women’s Rights Act, 1933. Karnataka High Court.

  • 20-June-2024
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. Power conferred on Adhyaksha to stay the execution of any order or resolution of Taluk Panchayat is not appellate in nature to decide the dispute itself. Karnataka High Court.

  • 20-June-2024
  • Daksha Legal
• 

  Children born to second/void marriage are entitled to equal share in the self-acquired property of their father along with the children from the first marriage. Karnataka High Court.

  • 20-June-2024
  • Daksha Legal
• 

  Land Acquisition Act. A landowner can maintain second application under Section 28A of the Act seeking redetermination of market value of his land in the event of further enhancement by the appellate court in respect of other lands. Karnataka High Court.

  • 20-June-2024
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Disqualification for not clearing loan due to the Society as on the date of election. Subsequent clearing of dues will not wipe out the disqualification. Karnataka High Court.

  • 20-June-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. When cheque is returned with the endorsement ‘’payment stopped by drawer’’, the penal provisions of the Act are attracted. Karnataka High Court.

  • 19-June-2024
  • Daksha Legal
• 

  Legal representative of deceased defendant can file additional written statement setting up his own independent title to the plaint schedule property. Karnataka High Court.

  • 19-June-2024
  • Daksha Legal