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  Plea of res judicata can be given effect only when the litigating parties are the same, the subject matter of suits are identical and the matter must have been finally decided between the parties by a Court of competent jurisdiction. Supreme Court reiterates.

  • 04-January-2025
  • Daksha Legal
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  Minimum Wages Act. Employers and Employers Association have interest in the matter of fixation of minimum wages. Notification under the Act cannot be challenged without making employers/association as parties to the writ petition. Karnataka High Court.

  • 03-January-2025
  • Daksha Legal
• 

  Gift under the Mohammedan Law. If the conditions prescribed by law are fulfilled, the gift is valid, even though it is not registered. If the conditions are not fulfilled, the gift is not valid even though it is registered. Supreme Court.

  • 02-January-2025
  • Daksha Legal
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  Order XXVI Rule 9 of CPC. In a suit for permanent injunction/possession, commissioner cannot be appointed to find out location, boundaries and details of the property. The plaintiff must be definite about the suit schedule property. Karnataka High Court.

  • 31-December-2024
  • Daksha Legal
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  The purpose of mutation entry is only limited to revenue records. They do not, in any way, translate to or confer any title in regard to the subject matter property. Supreme Court.

  • 30-December-2024
  • Daksha Legal
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  The limitation period for instituting probate proceedings for a Will is three years, as per the residuary provision of the Limitation Act, subject to specified exceptions. Karnataka High Court.

  • 21-December-2024
  • Daksha Legal
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  Arbitration and Conciliation Act. Application for referring the dispute to arbitration under Section 8 cannot be filed after the expiry of the outer limit to file the written statement. Karnataka High Court.

  • 21-December-2024
  • Daksha Legal
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  The Indian Succession Act, 1925, governs the succession of property owned by an Indian Christian, even if the beneficiary is a non-Indian national. There is no legal bar to a foreign national inheriting property in India. Supreme Court.

  • 20-December-2024
  • Daksha Legal
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  Executant of the Will having been admitted to ICU and dying within short span of time. Mere certificate of the doctor cannot prove the physical and mental competence of the executant. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
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  Order 21 Rule 99 CPC. Detailed enquiry into the inter-se rights of the third party and the decree holder is necessary only when the third party has a subsisting right title or interest in the subject matter of the execution proceedings. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
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  Constructive Resjudicata under Order II Rule 2 CPC. A prior suit for eviction and rent arrears does not preclude the filing of a fresh suit seeking damages for use of the premises following termination of the tenancy. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal
• 

  Change of khata in respect of a purchased site cannot be refused on the ground that the original layout is unauthorised and illegal or that the site falls within the park or other civic area. Karnataka High Court.

  • 20-December-2024
  • Daksha Legal