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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
• 

  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
• 

  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
• 

  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
• 

  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
• 

  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
• 

  Determination of market value under Section 26 of 2013 Land acquisition Act shall be as per the guidelines in Section 26 of 2013 Act and not based on earlier Gazette Notification. Karnataka High Court.

  • 01-September-2023
  • Daksha Legal
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  Land grabbing. If the possession over land is traceable to a registered sale deed, the Special Court has no jurisdiction to entertain complaint. Karnataka High Court.

  • 31-August-2023
  • Daksha Legal
• 

  Whenever a defendant takes up a specific contention in his written statement, it is not necessary for the plaintiff to meet it by filing a rejoinder. Karnataka High Court.

  • 31-August-2023
  • Daksha Legal
• 

  No Court can take cognizance of the offence against a public servant without a valid sanction from the hands of the competent authority placed before the concerned Court, by the Investigating Officer. Karnataka High Court.

  • 31-August-2023
  • Daksha Legal
• 

  Grant of NOC from the Ministry of Defence for construction within the vicinity of Defence Establishment can only be as per the provisions of the Works of Defence Act, 1903. Executive instructions cannot be relied on. Karnataka High Court.

  • 31-August-2023
  • Daksha Legal
• 

  Remand of the entire suit for fresh trial when the first appellate Court records a finding that the decree was a collusive one and material facts having been suppressed, is permissible. Karnataka High Court.

  • 31-August-2023
  • Daksha Legal