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  Second marriage by Muslim woman without divorcing the first husband is 'Batil' and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.

  • 03-August-2023
  • Daksha Legal
• 

  Release of seized vehicle under Section 457 of Cr.P.C. Deposit/security amount for release of the vehicle to the interim custody cannot be randomly fixed without any basis. Karnataka High Court.

  • 03-August-2023
  • Daksha Legal
• 

  ''False cases filed under SC/ST (Prevention of Atrocities) Act clog the criminal justice system and consume considerable time of the Courts at all levels''. Karnataka High Court while quashing frivolous case arising out of civil dispute.

  • 04-August-2023
  • Daksha Legal
• 

  Bar of Civil Court jurisdiction in a statute. Before considering the application for temporary injunction, the court must first consider the issue regarding jurisdiction. Karnataka High Court.

  • 03-August-2023
  • Daksha Legal
• 

  Only those findings, without which the Court cannot adjudicate a dispute on an issue on merits constitute res judicata between the same set of parties in subsequent proceedings. Supreme Court.

  • 03-August-2023
  • Daksha Legal
• 

  Section 5 of the Limitation Act can be invoked in an appeal filed under Section 37 of the Arbitration and Conciliation Act. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
• 

  Prosecution cannot seek second stint of Police custody long after the accused remanded to judicial custody. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
• 

  Second wife is not entitled to retirement benefits of her deceased husband. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
• 

  ATM management services provided to banks cannot be saddled with Value Added Tax when Service Tax is already levied on them. Karnataka High Court.

  • 02-August-2023
  • Daksha Legal
• 

  Transfer of Property act. Unpaid vendor has a charge on the property for the amount of consideration which was not paid. However, the sale deed cannot be challenged on this ground. Supreme Court.

  • 02-August-2023
  • Daksha Legal
• 

  Private agreement/settlement between the parties cannot override the Standing Order under the Industrial Employment (Standing Orders) Act, 1946. Supreme Court.

  • 01-August-2023
  • Daksha Legal
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  Karnataka Public Premises (Eviction of unauthorised Occupants) Act is not a bar for a suit for permanent injunction against dispossession except in accordance with law. Karnataka High Court.

  • 01-August-2023
  • Daksha Legal