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  ''It is the duty of the Court and the Prosecution to protect the right of informant/victim to oppose bail application of the accused for the rape offence under IPC or under POCSO Act.'' Karnataka High Court issues exhaustive guidelines.

  • 13-October-2023
  • Daksha Legal
• 

  NI Act. Only that person who, at the time the offence was committed, was in charge of and was responsible for conduct of business of company, as well as the company alone be guilty of the offence. Supreme Court.

  • 13-October-2023
  • Daksha Legal
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  Suit for specific performance in respect of Inam land. Non-alienation clause in the grant order is not a relevant question while examining the controversy between the parties. Karnataka High Court.

  • 12-October-2023
  • Daksha Legal
• 

  Agreement of sale in favour of mortgagee in possession. Once the suit for specific performance fails, the suit for redemption filed by the vendor ought to be decreed. Karnataka High Court.

  • 12-October-2023
  • Daksha Legal
• 

  NI Act. Merely because somebody is managing affairs of the company he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company. Supreme Court.

  • 12-October-2023
  • Daksha Legal
• 

  Prevention of Corruption Act. Suspension can be worse than a penalty. Power of suspension has to be exercised only after due application of mind. Karnataka High Court.

  • 13-October-2023
  • Daksha Legal
• 

  Karnataka SC/ST (PTCL) Act. When earlier suo-motu proceedings were dropped by the Assistant Commissioner, fresh proceedings cannot be initiated by the grantee without challenging the said order. Karnataka High Court.

  • 12-October-2023
  • Daksha Legal
• 

  When the appellate Court receives additional evidence such as expert opinion which requires to be analysed by the trial Court, the matter can be remanded to the trial Court. Karnataka High Court.

  • 12-October-2023
  • Daksha Legal
• 

  Married daughters constitute independent unit for the purpose of determining excess land under Section 63(4) of the Karnataka Land Reforms Act. Karnataka High Court.

  • 11-October-2023
  • Daksha Legal
• 

  Karnataka Land Reforms Act. Suit for injunction based on possession is not barred by Section 133(1)(i) of the Act. Bar applies only to suits involving tenancy. Karnataka High Court. 

  • 11-October-2023
  • Daksha Legal
• 

  Shocking misuse of SC/ST (Prevention of Atrocities) Act for financial gains. Karnataka High Court orders recovery of legal aid paid to the complainant while quashing frivolous case.

  • 11-October-2023
  • Daksha Legal
• 

  Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.

  • 11-October-2023
  • Daksha Legal