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  Application under Order 41 Rule 27 CPC can be considered only at the time of hearing of appeal on merits so as to find out whether the additional evidence has any relevance/bearing on the issues involved. Karnataka High Court.

  • 20-March-2023
  • Daksha Legal
• 

  Amended Section 6 of the Hindu Succession Act applies even to woman who died before 2005. Legal representatives are entitled for share in the ancestral property. Karnataka High Court.

  • 17-March-2023
  • Daksha Legal
• 

  Rash and negligent driving resulting in death. Leniency can be shown on the sentence that is imposed on the accused in the event if the family members of the deceased receive the compensation from the accused. Karnataka High Court.

  • 18-March-2023
  • Daksha Legal
• 

  Plea of adverse possession in the written statement and the plea of ownership based on grant in the oral evidence run contrary to each other thus disproving both the claims. Karnataka High Court.

  • 17-March-2023
  • Daksha Legal
• 

  Matka and OC gambling fall under Section 78(3) of the Karnataka Police Act which are non cognizable offences. Without seeking permission of the Magistrate under Section 155(2) of Cr.P.C, the police have no authority to register FIR and file the charge

  • 20-March-2023
  • Daksha Legal
• 

  Labour Court awarding partial backwages for proven unauthorised absence of workman for a long period runs contrary to the principle of ‘no work, no pay’ and cannot be justified under Section 11-A of the I D Act. Karnataka High Court.

  • 17-March-2023
  • Daksha Legal
• 

  Dissolution of Company under the IBC will not exonerate liability of directors under Section 138 of the NI Act when proceedings under the NI Act had already commenced with the Magistrate taking cognizance. Supreme Court.

  • 17-March-2023
  • Daksha Legal
• 

  Second marriage solemnised before coming into force of the Hindu Marriage Act, 1955 is valid. Children born from such marriage are legitimate children for the purpose of succession. Karnataka High Court.

  • 16-March-2023
  • Daksha Legal
• 

  Suit for partition by daughters based on the amended Section 6 of the Hindu Succession Act. Properties sold prior to 20 December 2004 are not available for partition. Karnataka High Court.

  • 16-March-2023
  • Daksha Legal
• 

  RTE Act. Government has no power to conduct examinations of its own other than the regular examinations conducted by the schools. Karnataka High Court.

  • 16-March-2023
  • Daksha Legal
• 

  Once rural area is urbanized by a notification under the Delhi Municipal Corporation Act, 1957, the provisions of the Delhi Land Reforms Act, 1954 cease to apply. Supreme Court.

  • 16-March-2023
  • Daksha Legal
• 

  Order IX Rule 9. Dismissal of suit for default barring fresh suit. The bar will not apply when alternate prayers are made in the subsequent suit which were not made earlier. Supreme Court.

  • 16-March-2023
  • Daksha Legal