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  Criminal Law. If the complainant himself is not in possession of the property, question of criminal trespass does not arise. Karnataka High Court.

  • 13-July-2022
  • Daksha Legal
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  IPC. Section 304B. Wife committing suicide even after two years of leaving the matrimonial house can in certain circumstances come within the meaning of ‘soon before death’ since it would be a matter of evidence. Karnataka High Court.

  • 12-July-2022
  • Daksha Legal
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  It is the duty of Courts to put parties in the same position they would have been but for the interim order when the writ petition is withdrawn. Karnataka High Court.

  • 13-July-2022
  • Daksha Legal
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  The likelihood of divergence of views by different High Courts cannot be a ground for transfer of pending cases to Supreme Court under Article 139A of the Constitution of India. Supreme Court.

  • 12-July-2022
  • Daksha Legal
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  Non-binding arbitration agreement with an option to litigate further if the parties do not resolve the disputes pursuant to such non-binding arbitration cannot be termed an arbitration agreement. Karnataka High Court.

  • 12-July-2022
  • Daksha Legal
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  Writ Petition challenging provisional seizure order under Section 37A of the Foreign Exchange Maintenance Act cannot be entertained since it is subject to confirmation of the Competent Authority. Karnataka High Court.

  • 12-July-2022
  • Daksha Legal
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  ''Every order or transaction pursuant to fraudulent act is void ab initio and the same cannot be allowed to stand''. Karnataka High Court, while ordering restoration of khata which was fraudulently changed.

  • 12-July-2022
  • Daksha Legal
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  Person who claims compensation for illegal dispossession of land must prove his prior possession. Mere sale deed in his favour is not enough to claim compensation. Delhi High Court.

  • 11-July-2022
  • Daksha Legal
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  Compensation for actual damages in a motor vehicle accident includes value of spare parts to be repaired. Kerala High Court

  • 13-July-2022
  • Daksha Legal
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  Constitutional Courts can monitor criminal investigation, especially in crimes involving corruption, in order to prevent corruption in the society. Karnataka High Court.

  • 09-July-2022
  • Daksha Legal
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  The power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons. Kerala High Court.

  • 11-July-2022
  • Daksha Legal
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  Special Power of Attorney holder who is aware of the transaction can initiate proceedings under Section 138 of the Negotiable Instruments Act. Karnataka High Court.

  • 09-July-2022
  • Daksha Legal