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  Mere act of insulting a person would not satisfy the ingredients of Section 504, IPC. There must be intentional insult with intent to provoke breach of the peace. Karnataka High Court.

  • 02-October-2023
  • Daksha Legal
• 

  Writ of mandamus. To meet the ends of justice, Writ Court itself can grant relief to aggrieved persons without relegating them to the authorities. Karnataka High Court.

  • 02-October-2023
  • Daksha Legal
• 

  Societies Registration Act applies to educational institutions run by a religious mutt if the institutions are registered under the Act. Karnataka High Court.

  • 30-September-2023
  • Daksha Legal
• 

  Motor Vehicles Act. Non-registration of police case regarding the accident or failure of the Medical Officer to report medico-legal case to the Police is not a ground to deny claim of the victim. Karnataka High Court.

  • 30-September-2023
  • Daksha Legal
• 

  Karnataka Gram Swaraj and Panchayat Raj Act. Provisions of CPC and the Indian Evidence Act do not strictly apply to the Election Petition proceedings under the Act. Karnataka High Court.

  • 29-September-2023
  • Daksha Legal
• 

  Except on sufficient grounds, Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments and when the witness was not named in the list of witnesses and affidavit was not filed. Karnataka High Court.

  • 29-September-2023
  • Daksha Legal
• 

  Karnataka Municipal Corporations Act, 1976. Without the issuance of a notice under Section 321 (1) a Confirmatory Order cannot be passed under Section 321 (3) based only on the notice under Section 308. Karnataka High Court.

  • 28-September-2023
  • Daksha Legal
• 

  SARFAESI Act. In view of the amended provision of Section 13(8), the right of redemption of mortgage stands extinguished upon publication of the auction notice. Supreme Court.

  • 28-September-2023
  • Daksha Legal
• 

  Writ of Prohibition cannot be issued in anticipation on par with the criminal courts granting anticipatory bail in the absence of infringement of right or at least a well-founded apprehension of infringement. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal
• 

  Income Tax Act. Sufficiency to grant immunity from prosecution and penalty under Section 245H are beyond the scope of judicial review unless it contravenes provisions of the Act or has caused prejudice to the opposite party. Supreme Court.

  • 27-September-2023
  • Daksha Legal
• 

  General proposition that Service Tax can be passed on by the service provider to the recipient of service does not apply when the service provider has already remitted certain sums of money to the service recipient. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal
• 

  Alternate appellate remedy. If exercise of jurisdiction by a Tribunal ex-facie appears to be an exercise of jurisdiction in futility, it will be permissible for the High Court to interfere in exercise of its writ jurisdiction. Karnataka High Court.

  • 27-September-2023
  • Daksha Legal