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  A compromise decree that excludes legal heirs is not binding on them. Courts have the power to grant partition instead of mere declaration when justified by the facts of the case. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  Children from a second marriage are entitled to a share in their father’s share in ancestral property, even if their mother had relinquished her rights. Any sale of joint family property without the consent of all co-owners does not affect the inheritance rights of non-consenting legal heirs. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  Negotiable Instruments Act. Once the moratorium begins under the IBC, the company’s management vests with the Interim Resolution Professional under Section 17 of IBC, and the director cannot be held criminally liable for non-payment of dishonored cheques. Supreme Court.

  • 19-March-2025
  • Daksha Legal
• 

  A suit for partition cannot be valued under Section 35(2) of the Karnataka Court Fees and Suits Valuation Act, 1958, unless joint possession is specifically pleaded and established. Karnataka High Court.

  • 19-March-2025
  • Daksha Legal
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  A registered owner cannot be restrained from dealing with his property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act applies to protect the plaintiffs’ interest, making an injunction against alienation unnecessary. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
• 

  When there is a conflict between BBMP building byelaws and the Zonal Regulations framed under the Karnataka Town and Country Planning Act, the latter prevails. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  A co-owner cannot enter into a sale agreement for the entire property without the consent of other co-owners. An agreement executed by a co-sharer without full ownership rights is not enforceable under Section 17 of the Specific Relief Act, 1963. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  Hindu Succession Act. An unborn child’s right under Section 20 applies only when the father dies intestate and cannot be invoked when the father is alive. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  Karnataka Micro Loan and Small Loan Prevention of Coercive Actions Ordinance, 2025 does not apply to Hire Purchase and applies only to unsecured microfinance loans. Karnataka High Court.

  • 17-March-2025
  • Daksha Legal
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  'The Ordinance has taken birth from the womb of social justice'. Karnataka High Court upholds the constitutional validity of the Karnataka Micro Loan and Small Loan Prevention of Coercive Actions Ordinance, 2025.

  • 17-March-2025
  • Daksha Legal
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  Mere criticism or questioning of a public representative in a political or public discourse does not amount to defamation unless it demonstrably lowers their reputation in the eyes of right-thinking members of society. Statements made in good faith for public interest fall under the exception to Section 499 IPC and are not actionable as defamation. Karnataka High Court.

  • 18-March-2025
  • Daksha Legal
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  A charge sheet is deemed to be filed within the statutory period if it bears the judicial endorsement of receipt within the prescribed timeframe, even if it is later processed by the court registry. The right to default bail is extinguished once the charge sheet is filed within the mandatory period. Karnataka High Court.

  • 17-March-2025
  • Daksha Legal