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  Wife and children of the plaintiff, who contested against the plaintiff in the suit, cannot come on record as his legal representatives in the suit/appeal due to conflict of interest. Karnataka High Court.

  • 26-November-2024
  • Daksha Legal
• 

  Suit for specific performance. Even if readiness and willingness is yet to be established, the fact that plaintiff can claim refund of the advance amount paid is a relevant factor in granting an injunction to prevent alienation of the property. Karnataka High Court.

  • 26-November-2024
  • Daksha Legal
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  In a suit for money recovery, Order 39 Rules 1 and 2 CPC cannot be used to restrain the defendant from transferring immovable property. Proper remedy is to seek attachment under Order 38 Rule 5 CPC. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
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  Marumakkathayam law. A single female's ownership of property, acquired at the time of partition, remains unaffected even if she has children in the future. Supreme Court.

  • 26-November-2024
  • Daksha Legal
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  Rules framed by the Karnataka State Bar Council prevail over the Resolutions and previous practices to the contrary. Karnataka High Court.

  • 26-November-2024
  • Daksha Legal
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  Service Law. ‘’It is the prerogative of the employer to deploy his staff suitable to the requirement of work/place unless the conditions of service otherwise provide’’. Employees cannot sit in self-judgment as to the validity of transfer order and disobey the same with impunity. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
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  Rejection of plaint in partition suit. Mere assertion in the written statement about prior partition cannot be a ground to reject the plaint without recording evidence to ascertain the prior partition. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
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  When application under Section 17 of SARFAESI Act is disposed of as infructuous due to a settlement between the borrower and bank, the applicant is entitled for refund of the court fee. Karnataka High Court.

  • 25-November-2024
  • Daksha Legal
• 

  ‘’You played with lives of poor home buyers.’’. Karnataka High Court rejects challenge to criminal proceedings against developers who received huge advance amounts and failed to honor the commitment.

  • 25-November-2024
  • Daksha Legal
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  ‘’Proceedings before the Lok-Adalat are also sacrosanct and all parties are required to approach the Lok-Adalat with clean hands with full disclosure’’. Karnataka High Court cancels fraudulent compromise entered before the Lok-Adalat.

  • 25-November-2024
  • Daksha Legal
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  Prosecution of a public servant by Police Wing of the Lokayukta and departmental inquiry by Administrative and Inquiry wings of the Lokayukta results in ‘inevitable bias’. Karnataka High Court strikes down KEB Regulation as manifestly arbitrary.

  • 23-November-2024
  • Daksha Legal
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  Karnataka Land Reforms Act. While considering the application for occupancy rights under Section 77A, the Deputy Commissioner cannot order vesting of the land with the Government by treating the land to be excess holding. Karnataka High Court.

  • 23-November-2024
  • Daksha Legal