• 

  Karnataka Land Revenue Rules. Once a sale deed is registered Sub-Registrar shall forward details within thirty days to Tahsildar and Tahsildar is bound to make entries in Mutation Register. Parties need not do anything in this regard. Karnataka High Court

  • 08-September-2023
  • Daksha Legal
• 

  In case of notional partition, shares of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the life-time of the deceased. Supreme Court explains.

  • 06-September-2023
  • Daksha Legal
• 

  Preventive detention under the Goonda Act. Failure to furnish translated copies of the documents to the detenue renders the detention unsustainable. Karnataka High Court.

  • 06-September-2023
  • Daksha Legal
• 

  Counter claim is a plaint governed by the rules applicable to plaint. Defendant who makes counter claim will take the position of plaintiff and plaintiff will take the position of defendant. Burden of proof shifts accordingly. Karnataka High Court.

  • 06-September-2023
  • Daksha Legal
• 

  Dishonour of cheque issued towards time-barred debt/transaction cannot attract the provisions of Section 138, Negotiable Instruments Act. Karnataka High Court.

  • 05-September-2023
  • Daksha Legal
• 

  Suit for specific performance of sale agreement is not barred under Order 2 Rule 2 CPC when the earlier suit is only for injunction though based on the very same agreement. Karnataka High Court.

  • 05-September-2023
  • Daksha Legal
• 

  Civil Procedure Code. Summons served on wife of defendant is sufficient service. Presumption arises that the defendant had knowledge of the suit and the date of hearing mentioned in the summons. Karnataka High Court.

  • 05-September-2023
  • Daksha Legal
• 

  Motor Vehicles Act. Renewal of permit is a privilege and preferential right of permit holders which shall be considered within a stipulated time failing which deemed renewal kicks in. Karnataka High Court.

  • 05-September-2023
  • Daksha Legal
• 

  ‘Don’t leave a helpless person tongue tied.’ Karnataka High Court permits hearing impaired hexagenerian employee to be defended by an Advocate in the departmental enquiry.

  • 05-September-2023
  • Daksha Legal
• 

  Mere usage of the words ‘Khayam’ or ‘Nirantara’ in a collateral document does not make lease of immovable property a ‘permanent lease’. Karnataka High Court.

  • 04-September-2023
  • Daksha Legal
• 

  Section 138 N.I. Act. If a case based on a private complaint ends in acquittal, it can be challenged only under Section 378(4) of Cr.P.C before the High Court. Sessions Court has no jurisdiction. Karnataka High Court.

  • 04-September-2023
  • Daksha Legal
• 

  Mere use of words 'Investigating Officer is directed to conduct the investigation' without applying the judicious mind, does not amount to permission by the Magistrate to take up the investigation for a non-cognizable offence. Karnataka High Court.

  • 04-September-2023
  • Daksha Legal