• 

  Grant of probate when persons who have right over the property are not made parties to the proceedings is defective and liable to be set aside. KHC.

  • 30-July-2024
  • Daksha Legal
• 

  Exoneration in departmental enquiry will not come in the way of criminal prosecution when the accusations are different. Karnataka High Court.

  • 30-July-2024
  • Daksha Legal
• 

  Bar on civil court jurisdiction under the Karnataka Land Reforms Act does not apply to a suit for injunction to protect the possession over property.

  • 29-July-2024
  • Daksha Legal
• 

  SARFAESI Act. Borrower cannot maintain a suit for injunction against the auction purchaser in view of the bar under Section 34. Karnataka High Court.

  • 30-July-2024
  • Daksha Legal
• 

  N.I. Act. Authorized signatory of company cannot be considered as ‘drawer of the cheque’ for the purpose of imposing criminal liability. Supreme Court

  • 29-July-2024
  • Daksha Legal
• 

  Criminal Law. Evidence of ‘’partisan’’ or ‘’interested’’ witness cannot be mechanically rejected since this may lead to failure of justice. KHC

  • 29-July-2024
  • Daksha Legal
• 

  N.I. Act Accused cannot file his evidence by way of an affidavit which right is conferred only on the complainant. Karnataka High Court.

  • 29-July-2024
  • Daksha Legal
• 

  Purchaser from auction purchaser can make an application under Order 21 Rule 95 CPC to obtain possession of the property. Karnataka High Court.

  • 29-July-2024
  • Daksha Legal
• 

  When two suits are decided by a common judgment but by two decrees, the aggrieved party needs to challenge by filing separate appeals. Karnataka HC

  • 29-July-2024
  • Daksha Legal
• 

  Doctrine of lis pendens is applicable to proceedings under Section 9 of the Arbitration and Conciliation Act. Karnataka High Court.

  • 26-July-2024
  • Daksha Legal
• 

  Though limitation issue can be raised for the first time in the second appeal, the court needs to consider it carefully based on evidence. KHC

  • 26-July-2024
  • Daksha Legal
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  Question of forgery of documents pleaded in the written statement cannot be a ground for rejection of the plaint.Supreme Court.

  • 26-July-2024
  • Daksha Legal