• 

  Cheque dishonour. Cheque issued by Secretary on behalf of Trust. Complaint is not maintainable without making the Trust a party to the proceedings. Karnataka High Court.

  • 31-July-2023
  • Daksha Legal
• 

  Certificate to appeal under Articles 132 and 134A of the Constitution of India cannot be sought on the grounds which were not urged in the proceeding before the High Court.

  • 29-July-2023
  • Daksha Legal
• 

  Cheque Dishonor. When the signatory to the cheque was a sole proprietor of a firm, on his death, the liability would not move upon the legal heirs of such sole proprietor. Karnataka High Court.

  • 29-July-2023
  • Daksha Legal
• 

  Decree granted in a time barred suit can be executed. Such a decree though illegal, is certainly not without jurisdiction. Karnataka High Court.

  • 28-July-2023
  • Daksha Legal
• 

  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. Karnataka High Court.

  • 28-July-2023
  • Daksha Legal
• 

  Transferor cannot prejudice the rights of the transferee by subsequent dealing with the property. If there are successive transfers of the same property, the later transfer is subject to the prior transfer. Karnataka High Court.

  • 28-July-2023
  • Daksha Legal
• 

  Transportation of diesel for sale in tanker without invoice cannot constitute the offence of “negligent conduct with respect to fire or combustible matter” under Section 285 IPC. Karnataka High Court.

  • 29-July-2023
  • Daksha Legal
• 

  Land Acquisition Act. Beneficiary is not a necessary party when the landowner seeks reference to Court under section 18(1) or 18(3)(b) of the Act. Karnataka High Court.

  • 28-July-2023
  • Daksha Legal
• 

  ‘Life is lost in living’. Matrimonial case involving prayer for dissolution of marriage should be decided at the earliest so that in the event of decree, the parties may restructure their lives. Karnataka High Court.

  • 28-July-2023
  • Daksha Legal
• 

  State or its authorities cannot levy tax on the properties belong to Union of India constructed after the commencement of the Constitution of India in view of Article 285. Karnataka High Court.

  • 27-July-2023
  • Daksha Legal
• 

  When the final report by the police discloses non-cognizable offence in investigation involving cognizable and non-cognizable offences, the Magistrate can proceed to take cognizance for such non-cognizable offence. Kerala High Court.

  • 27-July-2023
  • Daksha Legal
• 

  Negotiable Instruments Act. When the cheque issued by partnership firm is dishonoured, criminal proceeding under Section 138 without impleading the firm is not maintainable. Kerala High Court.

  • 27-July-2023
  • Daksha Legal