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  To enforce right of pre-emption, the suit has to be filed within one year from the date of registration of the instrument. Suit for specific performance cannot be filed to avoid limitation issue. Karnataka High Court.

  • 30-October-2024
  • Daksha Legal
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  Plaintiff cannot file rejoinder, pursuant to the written statement, as a matter of right without obtaining leave of the Court. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  Mere utterance of the words ‘’go and die’’ does not attract Section 306 of IPC. Words uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation to commit suicide. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
• 

  Order of the Civil Court refusing to grant temporary injunction after hearing both the parties. Remedy available is a Miscellaneous First Appeal and not a Writ Petition. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  Suit for specific performance. Third parties or strangers to the contract cannot be made parties to the suit, even if they claim to be joint family members and assert title over the property. Karnataka High Court.

  • 29-October-2024
  • Daksha Legal
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  “Coparcenary system continues even after the 2005 amendment to the Hindu Succession Act.” Karnataka High Court explains the principles behind succession and survivorship.

  • 29-October-2024
  • Daksha Legal
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  Evidence Act. Where a testator admits execution of a Will during his lifetime in a judicial proceeding, such acknowledgment constitutes proof of the Will in subsequent proceeding even without examining the attesting witness. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  When a sale deed mentions wrong boundary, the Court can rely on Survey Sketch and Revenue Map, which have presumptive value under the Evidence Act, to identify the property and decide the real issue involved. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  Section 319 Cr.P.C. Summoned person need not be given an opportunity of being heard before being added as an accused to face the trial. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  Unlike agreement of lease which transfers interest in the property; agreement to lease does not effect demise praesenti. Agreement to lease cannot be impounded on the ground of inadequate stamping. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  Karnataka Stamp Act. Deposit of the entire disputed amount in appeal under Section 45-A does not mean accepting the order of the competent authority under appeal. The appellate authority must decide the matter on merits. Karnataka High Court.

  • 28-October-2024
  • Daksha Legal
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  Civil Court has jurisdiction to decide the inheritance and partition of the tenanted lands granted under the Karnataka Land Reforms Act, among the coparceners. Karnataka High Court.

  • 26-October-2024
  • Daksha Legal