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  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
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  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
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  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
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  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
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  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
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  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
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  Children who are conferred legitimacy under Section 16 HMA are not Coparceners in the Hindu Mitakshara Joint Family but are entitled to father’s notional share in the ancestral property. Supreme Court.

  • 02-September-2023
  • Daksha Legal
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  Domestic Violence Act. Question of awarding maintenance till marriage of daughters does not arise and maintenance can be granted only till attainment of majority. Karnataka High Court.

  • 02-September-2023
  • Daksha Legal
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  Husband not making any provision for maintenance of the minor children also can be termed as domestic violence. Karnataka High Court.

  • 04-September-2023
  • Daksha Legal
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  Earning woman is equally responsible for maintaining the children. Such responsibility cannot be fastened solely on the husband. Karnataka High Court.

  • 02-September-2023
  • Daksha Legal