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  Suit for specific performance. When the sale agreement itself is doubtful, Courts cannot exercise power under Section 20 of the Specific Relief Act to grant the decree. Karnataka High Court.

  • 20-March-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. When the transaction is admitted, complaint is maintainable even when the cheque was issued as security. Karnataka High Court.

  • 20-March-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. Initially, the complainant need not prove his case. Once the ingredients of Section 138 of N.I. Act are satisfied, the burden lies on the accused to rebut the presumption. Karnataka High Court.

  • 20-March-2024
  • Daksha Legal
• 

  When a document which is required to be stamped is not sufficiently stamped, even the copy of such document is not admissible as secondary evidence. Karnataka High Court.

  • 20-March-2024
  • Daksha Legal
• 

  Karnataka Co-operative Societies Act. Challenge to sale deed executed by member of a co-operative society in favour of a non-member cannot be subject matter of dispute under section 70. Karnataka High Court.

  • 20-March-2024
  • Daksha Legal
• 

  Negotiable Instruments Act. Arbitration clause in the contract between the parties is not a bar to initiate proceedings under Section 138. Karnataka High Court.

  • 19-March-2024
  • Daksha Legal
• 

  Indian Succession Act. While granting Letters of Administration to the sole legal heir of the deceased, Court has no power to impose condition of non-alienation of the property on the petitioner. Karnataka High Court.

  • 19-March-2024
  • Daksha Legal
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  Application for extension of time to file chargesheet takes priority over an application for default bail when both the applications are filed on the same day. Karnataka High Court.

  • 19-March-2024
  • Daksha Legal
• 

  Intestate succession. Deceased leaving his brother and widow of his second brother. Brother, as Class-II heir, excludes the widow who falls in entry VI. Karnataka High Court.

  • 19-March-2024
  • Daksha Legal
• 

  Though Civil Court has no jurisdiction to declare caste of a person, it has jurisdiction to direct correction of entry in school records as per the Caste Certificate. Karnataka High Court.

  • 19-March-2024
  • Daksha Legal
• 

  Power of the Courts to order a person to undergo medical test can be exercised only if there is a strong prima facie case and sufficient material. Karnataka High Court rejects husband's plea to subject his wife to medical test, with exemplary costs.

  • 18-March-2024
  • Daksha Legal
• 

  Unstamped partition deed cannot be relied upon for the purpose of enforcing pre-emption clause contained therein. Karnataka High Court.

  • 18-March-2024
  • Daksha Legal