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Judgements
Willful failure to submit income tax returns. There is a presumption of a culpable mental state on the part of the accused. The accused has to rebut this presumption in accordance with the law. Karnataka High Court.
03-February-2025
Daksha Legal
Transferee pendente lite though not brought on record under Order XXII Rule 10 CPC, is entitled to seek leave to appeal against the final decree passed against this transferor, the defendant in the suit. Supreme Court.
03-February-2025
Daksha Legal
West Bengal Premises Tenancy Act. Municipal taxes payable by a tenant under Section 5(8) of the 1997 Act are part of the rent, and non-payment constitutes default in rent, justifying eviction. Supreme Court.
03-February-2025
Daksha Legal
Prevention of Money Laundering Act. Existence of ‘reason to believe,’ mandates the presence of sufficient cause to indicate the commission of the offence of money laundering. Mere possession of proceeds, whether by chance or accident, does not necessarily imply involvement in money laundering activities, such as generating or concealing illicit funds. Karnataka High Court.
03-February-2025
Daksha Legal
Karnataka Gram Swaraj and Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayat) Rules, 1994. It is not mandatory that a proposed motion of no-confidence is required to be enclosed along with the requisition notice. Karnataka High Court.
01-February-2025
Daksha Legal
Court can pass an exparte order appointing a court commissioner under Order XXVI Rules 1 and 9 of the Civil Procedure Code in an intellectual property rights case. Karnataka High Court.
01-February-2025
Daksha Legal
SARFAESI Act. When there are multiple appeals, pre-deposit under Section 18 in one of the appeals enures to the benefit of other, provided that debt is the same. Karnataka High Court.
01-February-2025
Daksha Legal
Where father dies prior to coming into force of Hindu Succession Act, 1956, daughter cannot claim any right in the property of her father. Only widow can claim such right under the Hindu Women's Right to Property Act, 1937. Karnataka High Court.
31-January-2025
Daksha Legal
Does a daughter ‘born after the amendment to Section 6 of the Hindu Succession Act, 1956’, inherit a share by birth in the coparcenary property that was allotted to her father's share in the partition that took place before the amendment? Karnataka High Court points out the anomaly.
31-January-2025
Daksha Legal
An email from the provider invoking the bank guarantee shall be deemed to be a written invocation as contemplated under the terms of the guarantee. Upon such invocation, the Bank is obligated to make payment of the guaranteed amount. Karnataka High Court.
31-January-2025
Daksha Legal
''Even if disobedience of a court order is undisputed, the court may consider a defence of impossibility to comply and refrain from initiating contempt proceedings if enforcement is deemed impossible''. Karnataka High Court accepts substantial compliance regarding restoration of forest lands in the revenue records.
31-January-2025
Daksha Legal
When the sale of granted land by SC/ST person is cancelled, without taking actual possession from the transferee as per the PTCL Rules, permission to alienate the land cannot be granted. Karnataka High Court.
31-January-2025
Daksha Legal
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