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  Special statutes prevail over the Limitation Act. Appellate Authority has no power to entertain an appeal beyond the period of one month as stipulated under Section 107(4) of the Karnataka Goods and Services Tax Act, 2017. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
• 

  When specific averments are made in the plaint, the defence is immaterial while considering application under Order 7, Rule 11. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
• 

  Constructive resjudicata under Order 2, Rule 2 of CPC does not apply when the later suit is based on fresh cause of action. Karnataka High Court.

  • 05-July-2023
  • Daksha Legal
• 

  Daughters born prior to coming into force of the Hindu Succession Act, 1956 are also entitled for coparcenary property under the amended Section 6. Karnataka High Court.

  • 04-July-2023
  • Daksha Legal
• 

  Succession to property of a Sanyasi. Merely because a person wears cloth ordinarily worn by Sanyasi or by mere declaration, he cannot be termed that he has renounced the world. Karnataka High Court.

  • 04-July-2023
  • Daksha Legal
• 

  Deputy Commissioner need not follow the procedure prescribed in Rule 5 of the Karnataka Excise Licences (General Conditions) Rules, 1967 while renewing the license. Karnataka High Court.

  • 04-July-2023
  • Daksha Legal
• 

  In determining culpable homicide under Section 299 of IPC, mentality of the accused, nature of the act and its effect upon the victim have to be analysed. Karnataka High Court.

  • 04-July-2023
  • Daksha Legal
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  If deposition of the child witness inspires confidence in the mind of the Court and there is no improvement or tutoring, the Court may rely upon the same. Karnataka High Court.

  • 04-July-2023
  • Daksha Legal
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  Failure to declare assets and liabilities. Defaulting member of a Gram Panchayat need not to be issued a show cause notice or be heard before removal from the office. Karnataka High Court.

  • 03-July-2023
  • Daksha Legal
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  Word 'permitted' is not an order under Section 155 (2) Cr.P.C. Registration of FIR, in the absence of valid order as specified under Section 155 (2) of Cr.P.C. stands vitiated. Karnataka High Court.

  • 03-July-2023
  • Daksha Legal
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  Cheque bounce case. An independent non-executive director, who is not aware of day-to-day affairs of the company, cannot be held liable under the N.I. Act. Karnataka High Court.

  • 03-July-2023
  • Daksha Legal
• 

  Application under Order 21 Rule 29 CPC seeking stay of execution proceedings on the ground that the suit is instituted by the Judgment Debtor is maintainable only if the suit was instituted prior to filing of the execution petition. Karnataka High Court.

  • 03-July-2023
  • Daksha Legal