Important judgments delivered by Justice H.P. Sandesh. Karnataka High Court.

Negotiable Instruments Act. Whether a cheque is issued in respect of a time barred debt is a matter for trial. Proceedings cannot be quashed on this ground.

https://dakshalegal.com/judgements/actionView/7bphhFPLCyWieyTYZBh9CjXY7

Criminal Procedure Code. Section 482. When prosecution prima facie establishes receipt of huge money by son relatable to crime of corruption by the father defence of private transaction cannot be accepted to quash proceedings.

https://dakshalegal.com/judgements/actionView/VjYpHKDHuwuYGowWp7l7rw424

Negotiable Instruments Act. Section 138. Non mentioning of transaction date in the complaint is not fatal to the case when evidence is led to corroborate the transaction details.

https://dakshalegal.com/judgements/actionView/z659c6I3c06GsImwRjAcrVvGx

Negotiable Instruments Act. Imprisonment ordered in default of fine in different and independent transactions. Sentence will run consecutively and NOT concurrently.

https://dakshalegal.com/judgements/actionView/QGrJExDOxydA37BfhSNfphOWr

Cr.P.C. Section 482. Though a transaction is civil in nature, if the complaint specifically avers dishonest and fraudulent acts inducing complainant to part with money, the criminal proceedings can NOT be quashed.

https://dakshalegal.com/judgements/actionView/x7T1G9RZnXL7341qcduK4KF0o

Rape. Alleged bad character of a woman does not justify sexual assault on her. Karnataka High Court condemns the police machinery which tried to protect the rapist police officer.

https://dakshalegal.com/judgements/actionView/UzKC7topOemiCdv9opXdl8pwc

Motor Vehicles Act. Insurance Company is liable to pay compensation under personal accident claim benefit even when the borrower of the vehicle met with personal accident.

https://dakshalegal.com/judgements/actionView/aIFtiKs5cg9Baqi5LiX46HTD1

Motor Vehicles Act. After 1994 amendment, in case of goods vehicle, owner or his authorised representative are covered and entitled for compensation even though policy was issued earlier to 1994.

https://dakshalegal.com/judgements/actionView/EZ3xGcS9Vh85cYKQTSyle5AoX

Motor Vehicles Act. Vehicle covered under valid insurance policy driven by person without a driving licence at the time of accident. Insurance company has to pay compensation and recover the same from the owner.

https://dakshalegal.com/judgements/actionView/H43ffM7Bb3biILEMZzBrpue54

Motor Vehicles Act. Comprehensive policy covers employee of owner of vehicle involved in accident. Insurance company is liable to pay compensation for death of such employee.

https://dakshalegal.com/judgements/actionView/z49AJgYjojzzfYLAPHPQL6afP

Negotiable Instruments Act. Against the order of acquittal passed by the first appellate court, appeal to High Court under Section 378(4) Cr.P.C is maintainable.

https://dakshalegal.com/judgements/actionView/aVozOBbe9iHM7zs1Z9FMdzr1g

Forgery of document produced before the Court. If the document was already tampered before its production before the Court, bar under Section 195(1)(b)(ii) for prosecution will not apply.

https://dakshalegal.com/judgements/actionView/F55FMapE0UuHkjlzO6xPJoK0M

Complaint u/s 138 N.I. Act filed without application to condone delay. Limitation issue raised for the first time in appeal. Appellate Court can send matter back to trial court by permitting complainant to file necessary application.

https://dakshalegal.com/judgements/actionView/qZCAffwdcFDU3U8aYxQgqWYnS

Review. An error, which is not self-evident and to be detected by the process of reasoning, can not be said to be an error apparent on the face of the record, justifying the Court to exercise the power of review.

https://dakshalegal.com/judgements/actionView/lNWIWXA1XFG7LLXZll95CNEVi

Suit for specific performance. When entire sale consideration is paid and possession of the property is also delivered to the agreement holder, the readiness and willingness issue becomes illusory.

https://dakshalegal.com/judgements/actionView/Ypn2mPw28jITgGrOhft3XoJ7w

Defamation. Onus of proving two ingredients; truth of the imputation and the publication of the imputation for the public good, is on the accused. Karnataka High Court reiterates.

https://dakshalegal.com/judgements/actionView/ZlD1aqZA5JrlbuBXWDDzANb0T

Food Adulteration Act, 1954. Court cannot frame charge for ‘adulteration’ when prosecution case is ‘misbranding’. Judgement based on such charge liable to be set aside. .

https://dakshalegal.com/judgements/actionView/56B1pCoudopOGayj5MkxZgn4R

Make sure that men of integrity are posted to Anti Corruption Bureau which is established to prevent corruption. Karnataka High Court directs the Chief Secretary to Government.

https://dakshalegal.com/judgements/actionView/qVZBaxbiffBdsucvbuMzlw7H1

”Financial dependency is not the Ark of The Covenant”. Even the married sons and daughters are also entitled to compensation under the MVC Act.

https://dakshalegal.com/judgements/actionView/4QlCbLZ3vJ9PqOmfAwRxA6Jq3

Workmen’s Compensation Act. There is no bar to enhance compensation invoking Order XLI Rule 33 of the CPC even in the absence of an appeal by the claimants.

https://dakshalegal.com/judgements/actionView/NGpz5YHCO8W3EyNxPAYs9Ze0p

Death of driver due to heart attack while taking rest in parked vehicle shall also be construed as death during the course of employment.

https://dakshalegal.com/judgements/actionView/g8EUlgRXYwWMWqigVJf0EnB59

Motor Vehicle Act. Karnataka High Court exercises power under Order 41 Rule 33 CPC to enhance compensation from 11 lakhs to 44 lakhs in the appeal filed by the Insurance Company.

https://dakshalegal.com/judgements/actionView/FvwDAUhvvr21fdTqcRQcRVFwZ

MVC Act. Insurance Company cannot escape its liability by merely branding driving license as fake without actually proving the same.

https://dakshalegal.com/judgements/actionView/iB7VDZtxGbE1dYhLSAd82MX8u

After collecting premium for one year, Insurance Company cannot disown its liability on the ground that the registration of the vehicle expired in the meanwhile.

https://dakshalegal.com/judgements/actionView/GigIj3zjFWAw4kCTgb5gextdf

Workmen Compensation Act. When the employer has not maintained the register, the salary claim of the claimant has to be accepted.

https://dakshalegal.com/judgements/actionView/tkuuVrGMxdu5aSXJ6MTKuktJF

After issuing the policy, Insurance Company cannot avoid liability if the cheque towards premium is dishonoured unless the Insurer cancels the policy and intimates the insured. .

https://dakshalegal.com/judgements/actionView/QNSzC4b3LJJnIhwwbXzGuaX9r

Failure to conclude criminal trial expeditiously cannot be a ground to grant bail when the involvement in serious offences is made out.

https://dakshalegal.com/judgements/actionView/o8ZoD9s7BSxk7sw2zJ0TMVqRw

Rejection of earlier bail petition does not bar the Court from considering further developments on different considerations in a successive bail petition subject to gravity of the offence.

https://dakshalegal.com/judgements/actionView/FgEu4HDTYbKvaixUAgcvpiqmm

Even the illegitimate children of the deceased are entitled to compensation under the Motor Vehicles Act.

https://dakshalegal.com/judgements/actionView/pmNHLx8GvRLMRWLOw7uTT90eh

Order rejecting bail petition does not preclude another petition on a later occasion giving more materials, further developments and different considerations. Karnataka High Court reiterates.

https://dakshalegal.com/judgements/actionView/uSTaA2BQnG0u97AeShZoDYhmw

Order 41 Rule 33 CPC can be invoked to enhance compensation even in an appeal filed by the insured as well as Insurance Company in the absence of appeal filed by the claimant.

https://dakshalegal.com/judgements/actionView/3sdAx8ZBgXOBjYC9gp99wETxy

Bail. Merely because another accused who was granted bail was armed with similar weapon is not sufficient to determine whether bail can be granted on the basis of parity.

https://dakshalegal.com/judgements/actionView/kkH4gMKbqdtaAMizQ0BT2wAz6

NDPS. Possession could mean physical possession with animus; exercise of dominion and control as a result of concealment; or personal knowledge as to the existence of the contraband and the intention based on such knowledge.

https://dakshalegal.com/judgements/actionView/rUWN0mAFRVJK0XsGieSZNO0Ih

Petition for anticipatory bail is NOT maintainable once accused appears through his Advocate and gets exemption from appearance. He can seek only regular bail.

https://dakshalegal.com/judgements/actionView/aiBcpoGv4FpNuBFUEusXh0w3s

Hindu Succession Act. Grant of occupancy rights in favour of a woman member of the joint family under the Karnataka Land Reforms Act cannot be considered as her absolute property under Section 14.

https://dakshalegal.com/judgements/actionView/MOtU3D8iHW6jgStwsEk163Hwq

Permissive possession cannot be claimed as adverse possession unless the possession is adequate in continuity, adequate in publicity and adverse to a competitor.

https://dakshalegal.com/judgements/actionView/NbmhIkzvEw6XUP66W807ZQDGj

Limitation for suit for comprehensive relief of declaration and possession is 12 years under Article 65 and not 3 years under Article 58 of the Limitation Act.

https://dakshalegal.com/judgements/actionView/BscaGpnHiOByhvRKT2s8YbHy0

Suit for specific performance. When suit is filed after non-alienation period is over, the suit cannot be said to be barred by time especially when entire sale consideration is paid under the agreement of sale.

https://dakshalegal.com/judgements/actionView/Kd1u0me8IMgfvfela3JZl1tKS

Disposition property in unnatural, improbable or unfair manner and exclusion of or absence of adequate provisions for the natural heirs without any reason is a ground to doubt the execution of a Will.

https://dakshalegal.com/judgements/actionView/0hmXB9EYreHdsB16ElXBHM1nO

Though sale in violation of non-alienation clause is voidable, if no action is taken against the purchaser or the sale for long time, by virtue of Section 27 of the Limitation Act, the purchaser gets his title perfected.

https://dakshalegal.com/judgements/actionView/rmudGGMY1ZKYmKr18tS14qb3f

Arbitration and Conciliation Act. Limitation under Section 34(3) commences only from the date a signed copy of the award is delivered to the party applying for setting it aside. Mere knowledge of the award is not enough.

https://dakshalegal.com/judgements/actionView/aH9c61sGf7q9Kroj20i00yP1N

Suit for partition filed several years after the property was sold by the karta or the mother is hit by the doctrine of acquiescence and the same is liable to be dismissed.

https://dakshalegal.com/judgements/actionView/XGUr2e0ZtuvnX4nzP7z8jKFFG

Suit seeking direction to conduct prayers/mass prayers in Church in a particular language invoking fundamental right under Article 25 does not involve Canon Law. Plaint cannot be rejected on this ground.

https://dakshalegal.com/judgements/actionView/AIRsNBR8nsiYuzzDjqTJwpoAi

Suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor, can be filed only before the Family Court and the District Court has no jurisdiction.

https://dakshalegal.com/judgements/actionView/bZ7O71z1DJx0TROtu7TiYCR0U

Suit for partition filed three years after the minor coparcener attaining majority merely pleading that alienation of ancestral properties by karta is not binding on him is barred by law of limitation.

https://dakshalegal.com/judgements/actionView/l8o5RTOBOhfBXLpztTaknOuwM

Counter claim need not be within the pecuniary jurisdiction of a Court. When counter claim exceeds pecuniary jurisdiction, the Court shall return the plaint under Order 7 Rule 10 CPC to be presented before the proper Court.

https://dakshalegal.com/judgements/actionView/B7Mi3jZtu4ezANan0aMIJgkHP

When the rent and the leased area are within the prescribed limit under the Rent Act, the Court must reject the plaint for ejection filed under the Transfer of Property Act.

https://dakshalegal.com/judgements/actionView/6w6sKb3jogeFNktHRx1evjsHU

If the premises used for commercial purpose is more than fourteen square meters, it is excluded from the applicability of the Karnataka Rent Act. This can’t be defeated on the ground that its rent is less than the amount stipulated.

https://dakshalegal.com/judgements/actionView/B4Cl9o7KEsMJkU5gCzUBZ62lQ

Indian Succession Act. Jurisdiction of the court to grant Succession Certificate is based on the ordinary residence of the deceased at the time of death with an intention to stay at that place for a considerable length.

https://dakshalegal.com/judgements/actionView/PGMGRehDoJ07cIohU7LZ0WNl3

Mere pendency of second appeal against dismissal of suit for specific performance of sale agreement between landlord and tenant is not a ground to postpone the eviction proceedings..

https://dakshalegal.com/judgements/actionView/vC9cJKGP0LnJmBG5AyOoTtxzc

Suit by purchaser of property during pendency of civil suit, seeking declaration that the decree passed in the suit is not binding on him, is not maintainable and the plaint is liable to be rejected.

https://dakshalegal.com/judgements/actionView/iD95E3MUNh1cSQbc6XJgiyG2T

Plaintiff not signing every page of the plaint is not a ground to reject the plaint when the verification column is duly signed by the plaintiff.

https://dakshalegal.com/judgements/actionView/RSed4hOxmUSjQoGlU6kNKxgL8

Cheque Bounce cases. Moratorium contained in Section 14 of the Insolvency and Bankruptcy Code applies only to Corporate Debtors. Directors are liable under Chapter XVII of the Negotiable Instruments Act.

https://dakshalegal.com/judgements/actionView/D5BdzfNtpM2bRwkavFCeKoy3v

Constructive resjudicata under Order 2, Rule 2 of CPC does not apply when the later suit is based on fresh cause of action.

https://dakshalegal.com/judgements/actionView/AMR0LtIApJWg01vM5U9FRcMBf

When specific averments are made in the plaint, the defence is immaterial while considering application under Order 7, Rule 11.

https://dakshalegal.com/judgements/actionView/wLXsfRg5PsyDYyeZPHR1icDGx

Resjudicata is a mixed question of fact and law. Plaint cannot be rejected under Order 7, Rule 11(d) of C.P.C. without holding full fledged trial.

https://dakshalegal.com/judgements/actionView/kRkz8MoxscUmVYvVVdgWStUtB

Attachment under Order 38 Rule 5 of CPC. Even where the defendant is removing or disposing his assets, attachment before judgment will not be issued if the plaintiff is not able establish prima facie case.

https://dakshalegal.com/judgements/actionView/0qeg5vKPP6dK4hUqnzKF0o42X

Appeal against grant/refusal to grant temporary injunction. Appellate Court can mould the relief taking note of the relief sought in the Trial Court as on the date of suit.

https://dakshalegal.com/judgements/actionView/7Komv7vU4PvkkcnFlUTbXJUUD

Sale cannot be set aside under Order XXI Rule 90 CPC unless there is material irregularity which has resulted substantial injury to the judgment-debtor.

https://dakshalegal.com/judgements/actionView/yi8GLBqvJoSWP4rgDGBVSOH6Q

Grant of temporary injunction in suit based on defamation. Issue regarding territorial jurisdiction goes to the root of the matter and the Court must consider this issue before considering other aspects.

https://dakshalegal.com/judgements/actionView/O214kwsjoq1U7XSWicKsJB0xq

Judgment of the foreign Court is not executable in India if the same is not on merits. Even when the defendant is placed exparte, the judgment ought to be the one based on evidence led by the plaintiff.

https://dakshalegal.com/judgements/actionView/9CE8PpRLXIk04myTSTOrmIpDR

Karnataka Public Premises (Eviction of unauthorized occupants) Act is not a bar for the public authority to file for eviction against a dismissed employee seeking possession of the service quarters.

https://dakshalegal.com/judgements/actionView/CbC5btMHN9SAYfdZ9L7TPUapv

Karnataka Rent Act, 1999. Second revision petition under Section 115 of CPC is maintainable as against the revisional order passed by the District Court under Section 46.

https://dakshalegal.com/judgements/actionView/55ip0jPD9j6u1T7rsp29jADd4

An independent suit questioning the compromise decree is not maintainable. Parties must approach the very same Court if any fraud or misrepresentation is alleged while obtaining the compromise decree.

https://dakshalegal.com/judgements/actionView/PxZ7O6BgjAIkmR66RQHojtvML

Second wife is not entitled to retirement benefits of her deceased husband.

https://dakshalegal.com/judgements/actionView/ee5HeWoH3pS8XqClfpmUAW0Gb

Section 5 of the Limitation Act can be invoked in an appeal filed under Section 37 of the Arbitration and Conciliation Act.

https://dakshalegal.com/judgements/actionView/9OBavZ20RNvc0ZO7GQdUqHKkL

Bar of Civil Court jurisdiction in a statute. Before considering the application for temporary injunction, the court must first consider the issue regarding jurisdiction.

https://dakshalegal.com/judgements/actionView/ybFKjlPGyPqpHDK3Z9qd4rXqj

Judgment on admissions. It is not permissible for the Court to make roving enquiry for disposal of the application filed under Order XII Rule 6 of CPC.

https://dakshalegal.com/judgements/actionView/U9K7VhZIytF5RkVekdVN9BHBP

Karnataka Rent Act. Date of filing eviction petition governs the jurisdiction of the Court. Subsequent conduct of the parties will not oust the jurisdiction.

https://dakshalegal.com/judgements/actionView/GewuIMqAUOnfyojFpOuPbXjbo

When appeal against dismissal of suit for injunction is pending, the same does not give right to the defendant to seek injunction by way of fresh suit on same the cause of action pleaded by him.

https://dakshalegal.com/judgements/actionView/pNZS1KMst8EzUhsVOrhnJ5yZF

Successive anticipatory bail applications ought not to be entertained when the case diary and the status report clearly indicates that the accused is absconding and not cooperating with the investigation.

https://dakshalegal.com/judgements/actionView/sOTRkua6fVMsDV5xbcj4DzNGs

Preventing bank from exercising its right under the SARFAESI Act in the guise of partition suit among family members with prayer for injunction is hit by Sections 35 and 36. .

https://dakshalegal.com/judgements/actionView/qnQEJz65yYylguhyuVQzPN4JE

Second suit for partition, instead of enforcing the earlier decree for partition within the period of limitation, is not maintainable. Plaint is liable to be rejected.

https://dakshalegal.com/judgements/actionView/Dhc1sRdwlSF9rEkwZLQetsBCv

Revocation of probate under the Indian Succession Act. Delay in applying for revocation cannot be considered when the service of notice and publication of citation was defective.

https://dakshalegal.com/judgements/actionView/vKq4ymcf2N6ZX0AszlbD7q9Cr

Hindu Succession Act. Mother as class-I heir is entitled to a share in her deceased son’s property. Her death during the suit/appeal will not alter the situation since Section 15 gets attracted.

https://dakshalegal.com/judgements/actionView/pWDXYPTde4USAqz95OnVWIhuf

Counter claim for possession based on dispossession/trespass. Trial Court is bound to raise the issue of limitation even in the absence of any pleadings with regard to limitation.

https://dakshalegal.com/judgements/actionView/OTVm68u0Punbeo67ukmoktHym

Sale deed registered outside the State in respect of property situated within the State of Karnataka is a void document and does not confer any right.

https://dakshalegal.com/judgements/actionView/Pxn4FbkUZc7fZFuHiKqNBq0iZ

When a registered sale agreement is admitted by the vendor, it is not necessary to examine the witnesses to prove the agreement.

https://www.dakshalegal.com/judgements/actionView/2f1f0f752010068196ba9fd0

Plaintiff cannot file rejoinder, pursuant to the written statement, as a matter of right without obtaining leave of the Court.

https://www.dakshalegal.com/judgements/actionView/e382445c7f94a6ed40d10069

When one party seriously disputes biological relationship with another in a civil suit, the court shall allow the application for DNA test at the instance of the person claiming such a relation.

https://www.dakshalegal.com/judgements/actionView/26360c556b8b0227d2d229fd

Order XXI Rule 97 CPC. Only person with independent right has the right to record resistance and not a party who is tracing his right through judgment debtor.

https://www.dakshalegal.com/judgements/actionView/ca1f073fc575180b00640600

Public or ex-servicemen cannot claim right of way through Class A1 land exclusively belonging to military invoking Article 19 (1) (d) of the Constitution of India.

https://www.dakshalegal.com/judgements/actionView/a973ddc4a98ee584d0ac5ab0

Land acquired and vested with the Government cannot be withdrawn from acquisition taking recourse to the General Clauses Act.

https://www.dakshalegal.com/judgements/actionView/Oe8dMB1fNYdmDbovLxx8tzjn5

Suit for partition without including all the joint family properties and without impleading all the co-sharers is not maintainable.

https://www.dakshalegal.com/judgements/actionView/ZWejdKatiMper23zdPJdrQFOd

A third party can institute separate suit challenging compromise award passed by the Lok-Adalat on the ground of fraud and undue influence.

https://www.dakshalegal.com/judgements/actionView/Ln7LAVYJrG9mESo0oVLuTglXe

Suit for declaration cannot be decreed only on the basis of admission unless there is title deed showing the ownership.

https://www.dakshalegal.com/judgements/actionView/WWo49C9Axukpc8aDReMNnv5l3

Indian Railways Act. Death or injury in the course of boarding or de-boarding train falls within the meaning of ‘’untoward incident’’. Victim is entitled to compensation.

https://www.dakshalegal.com/judgements/actionView/Ug8RVX7IoHVb4JtwWF5ifKbdX

Specific Relief Act. A registered sale deed cannot be cancelled by another deed of cancellation even by the consent of the parties. The only mode is to re-transfer the property.

https://www.dakshalegal.com/judgements/actionView/zNiULWNuVJ3XPOoZF7ONxSwQy

Kartha/father can gift ancestral property in favour of his daughter within reasonable limits for pious purposes.

https://www.dakshalegal.com/judgements/actionView/AWrIojtFDVT4NR51TxFAJlo2O

Violation of Principles of Natural Justice itself is an independent ground for review of Judgment/order under Order 47 Rule 1 of the Civil Procedure Code. .

https://www.dakshalegal.com/judgements/actionView/ldnbRtcEx56jyn4rsxeOTBOTI

Compact Disk containing telephonically recorded conversation with Certificate under Section 65B of the Evidence Act is admissible as secondary evidence.

https://www.dakshalegal.com/judgements/actionView/aa1sBzLQIxcwuA3nbmDexdljs

Incidental finding on title in earlier suit for injunction will not act as resjudicata in a later suit unless the relief for injunction was founded or based on the finding on title.

https://www.dakshalegal.com/judgements/actionView/gbHk4jXVWvd0khLt3Mtb1gE62

In a suit for injunction, valuation need not be split separately for Court fee and jurisdiction. It shall be valued only under Section 26(c) of the Karnataka Court Fees and Suits Valuation Act.

https://www.dakshalegal.com/judgements/actionView/MN6QfVqQeU2wptLdIpN35CrGd

Even in the absence of declaratory relief, Court can grant the relief of perpetual injunction with regard to the exercise of easementary right over the property.

https://www.dakshalegal.com/judgements/actionView/XtqkNiHN7NlB7h5tyqw0UhVxJ

Order releasing the amount deposited under Section 148(3) N.I. Act does not amount to intermediate order since it is an interlocutory order. Revision before the High Court under Section 397 Cr.P.C. is not maintainable.

https://www.dakshalegal.com/judgements/actionView/hlrVxepTa5UVBDgx8wnvfnKGG

Purchase of land and constructions put up subsequent to acquisition proceedings do not confer any right over the purchaser. Such person cannot maintain a suit for injunction against the acquiring body.

https://www.dakshalegal.com/judgements/actionView/KsYd3laHMpuq3ZLkEsiGeJCmv

When plaintiff’s suit for specific performance is barred by time, the defendant’s counter claim for possession can be granted by the Court.

https://www.dakshalegal.com/judgements/actionView/pcFLWxqI3WnygqavKQPdqOgMr

Purchaser of undivided share from a coparcener cannot insist on allotment of a particular developed portion in the partition when the construction was without the consent of the other coparceners.

https://www.dakshalegal.com/judgements/actionView/kDqzCvglUFgqUQIqyZ7U9C5iH

Hindu Women’s Rights Act. In the absence of an express prohibition in writing by the husband his widow had authority to make an adoption and such authority need not be proclaimed to anyone.

https://www.dakshalegal.com/judgements/actionView/LSOlJbNQbG1JxyBboyFvcIieL

Hindu Succession Act. Succession under Section 15 (2) is intended only to change the order of succession specified in sub-section (1) and not to completely eliminate other categories of heirs set out in sub-section (1).

https://www.dakshalegal.com/judgements/actionView/Rf4uj16YC4eWMy2ieVNI6tKUo

Arbitration agreement entered into after the 1996 Act came into force but making a reference to Indian Arbitration Act or the 1940 Act shall be governed only under the provisions of the 1996 Act.

https://www.dakshalegal.com/judgements/actionView/2F5Ed0BFamIcu0LmSK4W8X9Zf

Indian Succession Act. Apart from the executor named in the Will, even other persons can seek for a probate under Section 276 depending on the circumstances.

https://www.dakshalegal.com/judgements/actionView/Zs2z88n9xnnZszMZYhqg9J4Qr

Statements in autobiography. Unless a full-fledged trial establishes defamatory nature of the statements, which are allegedly based on true facts, injunction cannot be granted restraining circulation of the book.

https://www.dakshalegal.com/judgements/actionView/IK8AJw2Zjb0GsNSzJZEzeJYgU

Where title to property is not disputed, suit for possession and consequential injunction is maintainable without seeking declaration of title.

https://www.dakshalegal.com/judgements/actionView/Qy64QPXjx6zznJKDfP6qVbi0g