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  Complaint under Section 138 NI Act cannot be dismissed for default for a single non-appearance of the complainant especially when the accused failed to deposit the interim amount. Karnataka High Court.

  • 26-June-2023
  • Daksha Legal
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  Criminal Law (Amendment) Acts and Ordinances, 1944. Order of interim attachment of property can be passed only after issuance of notice of the application. Karnataka High Court.

  • 26-June-2023
  • Daksha Legal
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  Offence under Section 78 (3) of the Karnataka Police Act is non-cognizable. Police officer cannot investigate the offence without obtaining orders from the Magistrate. Karnataka High Court.

  • 24-June-2023
  • Daksha Legal
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  Cr.P.C. There must be an order of attachment issued by the Magistrate under Section 83. The issuance of a proclamation under Section 82 by itself will not amount to any attachment. Kerala High Court.

  • 24-June-2023
  • Daksha Legal
• 

  Hindu Succession Act. Amended Section 6 has no application in respect of property already sold prior to 20th December, 2004 even though the daughters have not joined the sale transaction. Karnataka High Court.

  • 23-June-2023
  • Daksha Legal
• 

  Re-assessment under Section 148A (d) of the Income Tax Act against a Company already merged with another Company is a substantive illegality and without jurisdiction. Karnataka High Court.

  • 23-June-2023
  • Daksha Legal
• 

  Provision regarding regulation of erection of buildings under the Panchayat Raj Act does apply to erection of mere compound wall. Karnataka High Court.

  • 23-June-2023
  • Daksha Legal
• 

  Civil suit for injunction against acquiring body in respect of property acquired under a statute is not maintainable and is barred under Section 9 of CPC. Karnataka High Court.

  • 23-June-2023
  • Daksha Legal
• 

  Proof of Will. When the attestor of a Will turns/declared hostile, other evidence showing proper execution of the Will can be relied upon. Karnataka High Court.

  • 24-June-2023
  • Daksha Legal
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  All lands, agricultural and non-agricultural, acquired under the land acquisition Act of 2013 are exempted from payment of Income Tax. Karnataka High Court.

  • 22-June-2023
  • Daksha Legal
• 

  Karnataka Societies Registration Act. Merely because third party were to submit complaint, the Registrar cannot initiate an enquiry under Section 25 without application of his mind. Karnataka High Court.

  • 22-June-2023
  • Daksha Legal
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  Labour Law. Once domestic enquiry is held to be not proper or fair, employer can lead further evidence to establish the delinquency of the workman unless such evidence has already been led before the Labour Court. Karnataka High Court.

  • 22-June-2023
  • Daksha Legal