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  A legatee under a Will is not required to prove authenticity of the Will, if the testator has already admitted the execution of the Will in proceedings before the Court. Karnataka High Court.

  • 10-February-2025
  • Daksha Legal
• 

  Constitution of India. Article 142. Supreme Court quashes conviction and sentence of rape accused who subsequently married the prosecutrix, with whom he has four children. Judgement to be non-precedential.

  • 10-February-2025
  • Daksha Legal
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  Burden of proof. A party to suit cannot be asked to prove the negative. In a suit challenging a registered gift deed on grounds of undue influence, the plaintiff bears the burden of proving that undue influence was exercised. The Trial Court cannot transfer this burden to the defendants, requiring them to prove that they did not exercise undue influence. Karnataka High Court.

  • 08-February-2025
  • Daksha Legal
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  Panchayat Raj. A notice for a motion of no confidence against the Adhyaksha of a Gram Panchayat cannot be issued suo moto by the Assistant Commissioner. It must be preceded by a valid requisition signed by the requisite number of members. Karnataka High Court.

  • 08-February-2025
  • Daksha Legal
• 

  A dispute arising out of a Share Purchase Agreement does not amount to a commercial dispute under the Commercial Courts Act, 2015. Such matters should be adjudicated by a regular civil court and not by a Commercial Court. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  Negotiable Instruments Act. A joint account holder who has not signed a cheque cannot be prosecuted under Section 138. Merely holding a joint account does not attract penal consequences. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
• 

  PTCL Act. A claim for restitution of granted lands must be pursued within a reasonable time. Although the PTCL Act does not prescribe a limitation period, claims made after an unreasonably long delay are barred by the doctrine of laches. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
• 

  The right to claim arrears of maintenance is not completely extinguished by Section 125(3) Cr.P.C. Limitation of one year applies only to the mode of recovery through fine and imprisonment. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
• 

  Income Tax Act. A bonafide belief based on legal opinion from tax experts and legal professionals can constitute a reasonable cause under Section 273B, thereby exempting the assessee from penalty under Section 271C for non-deduction of TDS. Karnataka High Court.

  • 07-February-2025
  • Daksha Legal
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  Criminal law cannot be used to settle civil disputes when ownership and possession of the disputed land are already subject to adjudication in a civil court. Hence, criminal proceedings under Section 447 IPC (Criminal Trespass) cannot not be sustained. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
• 

  Anticipatory bail. Though Sessions Court and High Court have concurrent jurisdiction in entertaining and deciding a petition for bail, in the absence of exceptional circumstances, the accused must first approach the Sessions Court. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal
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  A secured creditor cannot offer a property to the second-highest bidder through private negotiations if the highest bidder defaults. A fresh auction is mandatory under Rule 9(3) of SARFAESI Rules, 2002. Karnataka High Court.

  • 06-February-2025
  • Daksha Legal