• 

  Transfer of Property Act. In the case of an usufructuary mortgage there is no limitation to seek redemption. Right to seek redemption arises on the date when the mortgagor tenders mortgage money. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Adopted son is also entitled to seek transfer of fair price shop and he cannot be excluded from the purview of son referred to in clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Execution. Once the auction is held, it is the duty of the Court to ensure that the auction money is deposited within 15 days and upon the failure, to forfeit the deposit and resell the property. Court cannot extend time to deposit. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Courts shall not adopt hyper-technical ground to dismiss suit for default. Past negligence is not a ground not to restore the suit. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  Specific Performance. Purchaser pendente lite cannot come on record in the execution proceedings or obstruct delivery of the possession to the decree holder. Karnataka High Court.

  • 14-June-2024
  • Daksha Legal
• 

  ‘Stay of suits under Section 10 CPC’ applies not only when the parties in both the suits are identical, but also when the parties are claiming through or under any of the litigating parties. Karnataka High Court.

  • 13-June-2024
  • Daksha Legal
• 

  Market value in a suit in respect of agricultural lands shall be twenty-five times the revenue assessed. Karnataka High Court reiterates.

  • 13-June-2024
  • Daksha Legal
• 

  Dowry harassment cases. Relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Karnataka High Court.

  • 13-June-2024
  • Daksha Legal
• 

  Lok Adalat cannot record compromise unless the parties to the compromise are present before it. Advocate cannot act before the Lok Adalat only on the basis of the Vakalat. Karnataka High Court.

  • 13-June-2024
  • Daksha Legal
• 

  Karnataka Land Revenue Act. Even a portion of larger extent of land can be converted for non-agricultural purposes. Karnataka High Court.

  • 12-June-2024
  • Daksha Legal
• 

  Presentation of undated cheque after three years from the date of the transaction by adding the date. Proceeding under Section 138 NI Act will be clearly barred by limitation. Karnataka High Court.

  • 12-June-2024
  • Daksha Legal
• 

  Will. Proof. Attesting witness of a will is not found or having died. Court can accept the evidence of the Sub Registrar who had registered the will. Supreme Court.

  • 12-June-2024
  • Daksha Legal